Knowledge Hub
Welcome to the Knowledge Hub – in the articles to be found here, we cover developments that we feel are relevant to the businesses of our many clients and colleagues. We do hope you find them of interest and welcome your feedback. Please use the search form on this page to search the archive for more articles.
The latest featured results are currently listed.
1. No Oral Modification Clauses Mean What They Say
Written by Steve Mangan | 21/05/2019
Will an oral agreement override a written one that expressly prohibits oral modification? No. The UK Supreme Court in Rock Advertising Ltd - v - MWB Business Exchange Centres Ltd[1] brings welcome clarification to the English common law on “no oral modification” (NOM) clauses. The courts will now uphold them. ..
Read Full Article2. No EOT for Concurrent Delay, if so Agreed
Written by Steve Mangan | 21/05/2019
Contract clauses that deny a contractor entitlement to an extension of time for concurrent delays caused by both employer and contractor are valid in principle. In North Midland Building Ltd -V- Cyden Homes Ltd [1] the Court of Appeal of England and Wales has ruled that such clauses do not offend the common law prevention principle. Nor do they give rise to an implied term to prohibit the imposition of delay damages that may result. ..
Read Full Article3. FIDIC contracts – What protection do they give contractors for employer financial problems?
Written by Joanne Clarke | 21/05/2019
In all construction contracts, one of the central principles is the Employer’s obligation to pay the contract price. The Contractor will be wary about the Employer’s financial standing and ability to pay and concerned to ensure that payments are made on time and that effective remedies are available in case of late or non-payment. The FIDIC standard forms of contract contain provisions dealing with these aspects...
Read Full Article4. Arbitration in a Post-Brexit World
Written by Andrew Tweeddale | 21/05/2019
This article considers what the arbitration landscape will look like when (or perhaps if!) the UK leaves the EU and concludes that big changes are unlikely...
Read Full Article5. FIDIC 1999 Books - Commentary on Clause 17
Written by Andrew Tweeddale | 04/04/2019
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Read Full Article6. FIDIC 1999 Books – Commentary on Clause 8
Written by Andrew Tweeddale | 14/11/2018
Click through to read Corbett & Co's helpful commentary on FIDIC Red Book 1999 book - Clause 8..
Read Full Article7. FIDIC 1999 Books – Commentary on Clause 7
Written by Andrew Tweeddale | 14/11/2018
Click through to read Corbett & Co's helpful commentary on FIDIC Red Book 1999 book - Clause 7..
Read Full Article8. FIDIC 1999 Books - Commentary on Clause 6
Written by Andrew Tweeddale | 14/11/2018
Click through to read Corbett & Co's helpful commentary on FIDIC Red Book 1999 book - Clause 6..
Read Full Article9. Cherry Picking FIDIC 2017
Written by Edward Corbett | 29/10/2018
Much has been said about the new Red, Yellow and Silver Books 2nd Editions launched by FIDIC in December last year. The most obvious comment has been about their size, almost 50,000 words, which is some 60% longer than the 1999 forms. Although the 1999 forms were not perfect, most regular users seem to be agreed that they did not need 20,000 words to fix the issues. This consensus led this author to attempt to cherry-pick the good bits from the 2017 forms and to propose amendments to add the good ideas to the 1999 forms. The amendments apply to all three forms unless it is indicated otherwise. ..
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