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Contractual allocation of responsibility for concurrent delay
Can parties complain about risk allocation after the contract is agreed?
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Interpretation, rectification and scope of works
Sub-contract arrangements – to what extent is the sub-contractor responsible?
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Misrepresentation Act – the Court of Appeal view
Misrepresentation Act strikes down a clause excluding liability.
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Establishing a cap on liability during negotiations
How important is it to agree limitation on liability as a contractual term?
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Dangers in suspension of performance of a construction contract
A case of gross breach of contract vs the right to suspend work.
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Why split trials can be a bad idea
How separating out issues, to simplify a dispute, back-fired on both sides.
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Confusion in identifying the contracting party
What problems could negligence with paperwork cause?
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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.
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“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.
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Excluding liability for breach of contract
Can a contractor’s ingenious exclusion clause exclude claims for damages caused by poor contractual performance?