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. Damages at Large: Triple Point, FIDIC and the TCC
Written by Kerry Higgins | 10/03/2020
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Read Full Article2. FIDIC’S Golden Principles – holding back the tide?
Written by Victoria Tyson | 10/03/2020
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Read Full Article4. FIDIC’s Emerald Book – A contractor’s charter or optimum risk allocation?
Written by Andrew Tweeddale | 10/03/2020
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Read Full Article5. 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 Article6. 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 Article7. 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 Article8. 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 Article9. FIDIC 1999 Books - Commentary on Clause 17
Written by Andrew Tweeddale | 04/04/2019
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