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?