Knowledge Hub Archive - May 2019

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. ...

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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. ...

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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....

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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....

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