enews

Contracting out of concurrent delay rules – the Court of Appeal view

Can the parties contract out of the concurrent delay rules?

“No Oral Modification” – clause upheld

NOM clause was upheld banning all modification not agreed and recorded in writing.

Negligent survey – diminution in value or costs of repair?

The normal measure of damages on a negligent survey is diminution in value, but should the cost of repair be considered.

Reliability of reports

Can you rely upon a report which you didn’t pay for?

Damages instead of suspension?

Are damages always an effective alternative to suspension in public procurement?

Enforcing the adjudication of oral contracts

What problems could you face and is it better to go to court?

Unfair contract terms – exclusion clause upheld

Could thorough risk assessment and sound legal advice before contracts were signed have saved this business millions of pounds?

Damages for wrongful termination of professional appointment

How a dismissed contractor claimed for costs before building works had begun.

Stage payments under a construction contract – the Court of Appeal view

The requirement for an instalments regime did not necessitate payments to be evenly spaced.

Payments under a mistake of law – on appeal

Limitations on mistake of law claims were clarified.