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ARTICLE · 30 SEPTEMBER 2020

Legal Developments In Construction Law

Mayer Brown
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The British Virgin Islands government entered into two contracts with Global Water Associates Ltd for a water reclamation treatment plant, one to design and build it, and the other to manage...

British Virgin IslandsReal Estate and Construction

1. And the law on remoteness of damage in contract is...

The British Virgin Islands government entered into two contracts with Global Water Associates Ltd for a water reclamation treatment plant, one to design and build it, and the other to manage, operate and maintain it. The second agreement ran from the date when the plant was first capable of achieving the contracted level of water processing. The government failed to provide a prepared project site for the plant which, consequently, was not built. Global Water validly terminated the design and build agreement but could it claim the profits it would have made from managing, operating and maintaining the plant during the 12 year term of the second agreement?

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