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Contracting out of concurrent delay rules – the Court of Appeal view
Can the parties contract out of the concurrent delay rules?
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“No Oral Modification” – clause upheld
NOM clause was upheld banning all modification not agreed and recorded in writing.
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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.
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Reliability of reports
Can you rely upon a report which you didn’t pay for?
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Damages instead of suspension?
Are damages always an effective alternative to suspension in public procurement?
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Enforcing the adjudication of oral contracts
What problems could you face and is it better to go to court?
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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?
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Damages for wrongful termination of professional appointment
How a dismissed contractor claimed for costs before building works had begun.
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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.
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Payments under a mistake of law – on appeal
Limitations on mistake of law claims were clarified.