enews

Why split trials can be a bad idea

How separating out issues, to simplify a dispute, back-fired on both sides.

Confusion in identifying the contracting party

What problems could negligence with paperwork cause?

Adjudication: the end of ‘Smash and Grab’?

The Court of Appeal upheld an employer’s right to evaluate a contractors application in a 2nd adjudication.

“No Oral Modification” clauses approved and enforced

An oral variation of a written payment obligation caused a clash between the Court of Appeal and the Supreme Court.

Excluding liability for breach of contract

Can a contractor’s ingenious exclusion clause exclude claims for damages caused by poor contractual performance?

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?