Adam Aston, a senior associate in the construction and engineering legal team, examines the latest technologies in the industry and the legal questions they …
Contractual allocation of responsibility for concurrent delay
Can parties complain about risk allocation after the contract is agreed?
Interpretation, rectification and scope of works
Sub-contract arrangements – to what extent is the sub-contractor responsible?
Misrepresentation Act – the Court of Appeal view
Misrepresentation Act strikes down a clause excluding liability.
Establishing a cap on liability during negotiations
How important is it to agree limitation on liability as a contractual term?
Dangers in suspension of performance of a construction contract
A case of gross breach of contract vs the right to suspend work.
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.