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  • Article

    Belong (Construction) Limited v Seddon Construction Limited

    When a Pre-Construction Services Agreement (PCSA) is executed before a main construction contract, what happens to obligations and liabilities from the PCSA once the main contract takes effect?
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Caledonia Water Alliance v Electrosteel Casting (UK) Ltd

    In Caledonia Water vs. Electrosteel, the court upheld that Scottish Water's framework governed the contractual terms, overriding each party's standard terms. Despite Electrosteel's T&Cs, Scottish law applied due to a mutual understanding of reliance on Scottish Water's framework terms.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Constructing The Olympics – Procurement And Avoiding Disputes

    This article focuses on the construction aspects of property issues relating to the 2012 Games. In particular, consideration is given to the procurement of the facilities, the contractual approach of the Olympic Delivery Authority ("ODA") and dispute resolution
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Do the Courts Have the Power to Grant an Injunction Restraining a Party From Pursuing an Adjudication?

    The dispute between the parties in the case of "Mentmore Towers Ltd & Others v Packman Lucas Ltd" [2010] EWHC 457 (TCC), 16 March 2010, has to date been a lengthy one.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    How The Construction Dispute Landscape Has Changed

    I really hope that wouldn't happen now.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    How Will The Courts Treat "Entire Agreement" Clauses?

    "Entire understanding" clauses (also known as "entire agreement" clauses) are extremely popular in commercial contracts of all types. They are often inserted in an attempt to prevent contracting parties from arguing that pre-contractual representations form part of the contract.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Inflation And Adjustment For Changes In Cost In FIDIC Red And Yellow Books

    Very high levels of inflation caused by COVID-19 and the war in Ukraine have led to construction price increases across the world.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    International Quarterly - Issue 42, 2026

    This issue of International Quarterly explores force majeure under FIDIC, recent case law, updates to the UAE Civil Code and the key updates to the global offshore wind sector. The publication examines critical developments in international arbitration and project disputes, providing insights into evolving legal frameworks and practical implications for construction and infrastructure projects.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Legal Issues With Electronic Documents

    In general terms, English law does not prescribe a method for the storage of information except for patent applications and bankers books.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Settlement Agreements

    In the case of Thameside Construction Company Ltd v Arthenella Ltd, [2011] EWHC 2695 (TCC), Mr. Justice Ramsey had to consider whether the parties had settled their dispute by agreement.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Settlement Agreements & Exclusion Of Liability For Defects

    In the case of Point West London Ltd v Mivan Ltd [2012] EWHC 1223 (TCC), Mr Justice Ramsey considered the meaning of the phrase "full and final settlement in respect of any and all outstanding matters" in a settlement agreement.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    The Recovery Of Internal Management And Staff Costs?

    Inevitably, if a party suffers a loss caused by a tort, that party will incur wasted staff and management time when seeking to remedy or mitigate that loss. The question as to whether a claimant is then entitled to recover that wasted managerial and staff time is not always an easy one to answer.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Thomas Barnes & Sons Plc (In Administration) v Blackburn With Darwen Borough Council

    Thomas Barnes & Sons plc (‘TBS') was a family company owned by two brothers, Thomas Barnes and Brian Barnes. During 2014 TBS entered into a contract...
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    JCT Design And Build Contracts And Statutory Requirements - A Trap For Contractors?

    The above general principle is, however, subject to a major exception in relation to Statutory Requirements.
    United KingdomCompliance
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Modifications To ICC Practice Note On Conduct Of Arbitration And Update To The ICC Rules Of Arbitration

    Alexis Mourre became president of the ICC International Court of Arbitration on 1 July 2015 and very soon after commencing his role it became apparent that he intended to address some of the problems with arbitration;
    United KingdomLitigation, Mediation & Arbitration
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Adjudication & Fraud: PBS Energo AS v Bester Generacion UK Ltd

    PBS sought the summary enforcement of an adjudication decision in the sum of £1.8 million. Bester resisted on the basis that the decision had been procured by fraud.
    United KingdomCriminal Law
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Mornington 2000 LLP (t/a Sterilab Services) v The Secretary Of State For Health And Social Care

    This is a long running dispute arising out of a contract for the supply of COVID-19 lateral flow test kits. We considered some questions about disclosure in Dispatch, Issue 290.
    United KingdomGovernment, Public Sector
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    What Lies Beneath: Ground Risk And Site Conditions

    As Mark Pantry explains, unforeseen site conditions cause delay and cost overruns for projects of all sizes.
    United KingdomGovernment, Public Sector
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Skykomish Ltd v Gerald Eve LLP

    In a dispute about the valuation of a derelict building, Deputy Judge Farnhill expressed some concerns about the witness statements served by Skykomish.
    United KingdomLitigation, Mediation & Arbitration
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Were The Warranties Entered Into By The Company Directors Actually Personal Guarantees?

    In the case of Quest 4 Finance Ltd v (1) John Maxfield (2) John Carter (3) Michael John Chesney, [2007] EWHC 2313 (QB), which recently came before Teare J, a finance company sought to recover, what it said were personal guarantees, given by directors of a company which had gone into administration.
    United KingdomLitigation, Mediation & Arbitration
    Fenwick Elliott LLP
    Fenwick Elliott LLP

Showing 101–120 of 602 results

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