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  • Article

    Quantum Meruit – Valuation of Works Under a Letter of Intent

    In his article, Letters of Intent: Principles and Pitfalls*, my colleague Matthew Needham-Laing concluded that in an ideal world, there would be no letters of intent. One of the reasons for this was demonstrated by the recent case of ERDC Group Limited v Brunel University where a dispute arose as to the basis upon which the contractor should be paid for works carried out under a letter of intent.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Setting Up A Designated Deposit Account

    The principle that retention is held on trust is a well established one. However the recent case of Bodill & Sons (Contractors) Limited v Harmail Singh Mattu [2007] EWHC 2950 which came before Mr Justice Akenhead answers certain questions about the manner in which those trust accounts should be set up.
    United KingdomReal Estate and Construction
Fenwick Elliott LLP
Fenwick Elliott LLP
  • Article

    What Was The Extent Or Scope Of A Settlement Of An Arbitration? When Did The Arbitrator Become Functus Officio Or Cease To Have Jurisdiction?

    The case of Dawes v Treasure & Son Ltd [2010] EWHC 3218 (TCC), which came before Mr. Justice Akenhead raised issues about the point or stage at which an arbitrator becomes functus officio or ceases to have jurisdiction and the extent, ambit or scope of a settlement of an arbitration.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    EU Procurement: The 3-Month Rule

    It is well known that claims brought for a breach of the 2006 Public Contracts Regulations must be made within a tight 3 month time limit.
    European UnionReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Taking Over A Part Done Job

    Following the temporary restrictions on winding-up petitions brought in under the Corporate Insolvency and Governance Act 2020 being lifted, as Jatinder Garcha sets out, we are left with a contracting market …
    United KingdomCorporate/Commercial Law
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    The FIDIC Gold Book: A Whole Life Contract?

    FIDIC's Gold Book offers a distinctive approach to infrastructure procurement by combining design, construction and long-term operation into a single contract framework. While the model promises better alignment between construction quality and operational performance, its limited market adoption raises questions about whether employers are willing to pay for extended risk transfer and whether contractors can confidently price obligations extending 20 years or more. This analysis examines why the Gold Book
    United KingdomCorporate/Commercial Law
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    AI And Construction Law: An Essential And Inevitable Partnership - Part 2

    Wouldn't it be great to have a crystal ball to see into the future and understand the likely outcome of your dispute, before embarking on that costly adjudication or court proceedings?
    United KingdomLitigation, Mediation & Arbitration
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Liability Of Expert Witnesses Post Jones v Kaney

    Prior to March 2011, expert professionals enjoyed a partial immunity from negligence actions in circumstances where they were acting as expert witnesses.
    United KingdomLitigation, Mediation & Arbitration
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Bharat Aluminium Co. v Kaiser Aluminium Technical – A Recent Indian Supreme Court Decision Provides Welcome Supoort For A Non-interventionist Approach To International Arbitration

    The historic tendency of the Indian judiciary to intervene in international arbitration proceedings has been a source of concern for foreign companies participating in construction and energy projects and other business transactions in India.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Delay Claims In Data Centre Construction: Part 2

    Data centre construction projects face unique challenges due to their technical complexity and interdependencies.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Disputes Arising Under Two Contracts Referred To A Single Adjudicator

    Story resisted Supablast’s attempts to enforce an adjudicator’s decision on the grounds that the adjudicator did not have jurisdiction to decide the final account dispute as there were two contracts for the works, one for the blasting, painting and scaffolding and another for steelwork.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    eDisclosure And Harvesting The Documents In Construction Cases

    eDisclosure is the process of identifying, preserving, collecting, filtering, reviewing and disclosing electronically stored information (ESI). This includes information stored on personal computers, iPads/mobile devices/PDAs, mobile phones and USB memory sticks, as well as email, documents and calendar files.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    InstaGroup Ltd V Northwest Insulations Ltd & Anor

    A High Court decision examines whether a director's personal guarantee from 2008, given to secure credit for goods supplied to his company, extends to cover liabilities arising from a subsequent 2013 services agreement. The case explores the principles of guarantee construction and the circumstances under which a guarantor may be discharged from their obligations when the underlying commercial relationship fundamentally changes.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Professional Appointments - What's The Limit?

    This seventeenth issue of Insight discusses liability caps in light of the decision in The Trustees of Ampleforth Abbey Trust v Turner & Townsend Project Management Limited [2012] EWHC 2137 (TCC) and provides practical tips on how to ensure a liability cap is effective.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Will The Grant Of An Extension Of Time Always Prevent An Employer From Deducting Liquidated Or Delay Damages?

    In our article headed "What constitutes unreasonable and vexatious behaviour when a notice of determination is served?", we discussed the case of Reinwood Limited v Brown & Sons Limited, where HHJ Gilliland QC having summarised the existing authorities, set out six propositions to assist in deciding whether a notice has been given "unreasonably or vexatiously."
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Are You Ready For The New Construction Pre-Action Protocol?

    On 6 April 2007, a revised Pre Action Protocol for Construction & Engineering Disputes comes into force. This new protocol will govern all disputes from that date. Disputes which are currently the subject of the existing protocol will continue to be governed by that protocol.
    United KingdomStrategy
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    World Bank Uses DAABs To Address Gender Based Violence

    Dispute Adjudication Boards ("DABs") have been a feature of the FIDIC suite of contracts since the 1995 Orange Book. In 2017, the DAB evolved to include a dispute avoidance
    GlobalGovernment, Public Sector
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    This Town Ain't Big Enough For The Two Of Us: Eletson Gas LLC v A Limited & Ors

    Eletson Gas LLC v A Limited & Ors [2025] EWHC 1855 (Comm) concerns an application made under section 32 of the Arbitration Act 1996 (the "1996 Act") to determine the jurisdiction of an arbitral tribunal.
    GlobalReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Singapore International Arbitration Centre (SIAC)

    Supported by a trusted and stable legal system, state-of-the-art infrastructure and Singapore's continuing significant economic growth, SIAC has made the transition from a local-based forum for cross-border disputes to an international arbitral institution with a global reach.
    SingaporeLitigation, Mediation & Arbitration
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Recent Developments in the UAE: Arbitration

    With our office in Dubai flourishing, we have been keeping a careful eye on the latest developments in arbitration in the UAE region.
    United Arab EmiratesReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Showing 281–300 of 604 results

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