Allseas UK Ltd (“AUK”) had been engaged by Total E&P UK Limited (“TEP”) as Principal Contractor to carry out offshore and onshore works involved in the laying of gas pipelines and had, in turn, appointed Van Oord UK Ltd and Sicim Roadbridge Ltd (“OSR”) to carry out certain works including onshore works in respect of […]
On the 2 December 2015[1], the UK Supreme Court clarified the law for implying terms into commercial contracts and confirmed that the “reasonableness” standard applied by the Courts since the Belize[2] ruling in 2009 is no longer correct. Terms will now only be implied where it is obvious to do so or where it is […]
A CASE WHERE THERE ARE CONFLICTING CAUSES OF THE DAMAGE GIVES INSIGHT IN HOW TO JUDGE Here’s the strange case of the bullock that burned down a house – and presented a judge with a prize conundrum. This is how he went about solving it. “When all this came to court, one of the experts […]
This post was compiled by Kobus le Roux for Le Roux Consulting and published on the internet on 16/05/16. So today I’m taking a swipe at this very controversial and difficult topic: How to calculate the impact of delay on a construction project. I could provide you with the most technical expose of Delay analysis […]
PLEADING AND PROVING ALLEGATIONS OF FRAUD OR DISHONESTY: .MULLARKE -V- BROAD: USEFUL LINKS AND GUIDANCE October 2, 2014 · by .gexall · in Applications , .Civil evidence , .Civil Procedure , .Statements of .Case , .Written advocacy Great care needs to be taken in pleading allegations of fr aud or dishonesty. In particular the pleader […]
SKINT = LOWER FINES If a company’s negligence leads to loss of life, can it be given a lenient fine if a larger one would ruin it? Here’s what the Court of Appeal said about a recent case in Scotland The low level of fines was set by the first instance judge because he became […]
In this case, the TCC considered risk allocation, scope of works and the interaction between the two and the judgment (or at least this digest) is critical reading for anyone involved in contract drafting and preparation. Although it concerned the interpretation of a sub-contract, the case of Clancy Docwra Limited -v- E.On Energy Solutions Limited […]
The devil’s in the detail: ground conditions clauses trumped by tender documentation United Kingdom 06.12.2018 A recent TCC decision highlights the risks of appending pre-contractual documentation to construction contracts. Despite the use of a priorities clause and the insertion of general provisions allocating the risk of ground conditions to the contractor, exclusions contained in tender […]
A contractor will frequently be faced with multiple events that have the potential to delay or disrupt its contractual performance. Under the majority of construction contracts, if the contractor incurs additional costs due to events for which the employer is responsible, it is likely to be entitled to compensation. Generally, the elements that a contractor […]
A contractor will frequently be faced with multiple events that have the potential to delay or disrupt its contractual performance. Under the majority of construction contracts, if the contractor incurs additional costs due to events for which the employer is responsible, it is likely to be entitled to compensation. Generally, the elements that a contractor […]
At first glance, one may assume that a case concerning offshore windfarms would be of little interest to developers outside the energy sector. However, the outcome of the recent MT Højgaard v E.ON case has a wider impact when considering design obligations under a building contract. A key issue in the case (upon which responsibility for a […]
At first glance, one may assume that a case concerning offshore windfarms would be of little interest to developers outside the energy sector. However, the outcome of the recent MT Højgaard v E.ON case has a wider impact when considering design obligations under a building contract. A key issue in the case (upon which responsibility for a […]