enews

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.

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?