enews

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.

Enforcement of an on demand guarantee

A guarantor promised to pay on demand “all monies as may fall due” – did this give the guarantor a defence that monies had not fallen due?

Adjudicating an oral contract – existence of contracts denied

If the parties cannot agree whether a contract exists or not, it may be cheaper and quicker to go to Court.

Adopting industry standard terms for UCTA

Are standard form contracts subject to the unfair contract legislation?

Extension of time – when should it run from?

Is there an argument for identifying time periods based on when the actual delay is occurring in a project?

Expert evidence – no property in a witness

What happens if the defendant wants to use the same expert witness as the claimant?

Personal liability in negligence of professional people

Are you liable for professional negligence even if your advice is free and there’s no contract in place?

Technical challenges to adjudicator’s jurisdiction and design

AECOM defend notice of adjudication by reference to Staptina’s alleged breaches of duty.

Rules for interpreting contracts?

Supreme Court takes opportunity to issue further guidance and clarification on principles of contractual interpretation.