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  • Article

    Concurrent Delay – What Is The Right Test?

    Even relatively simple construction projects regularly suffer a whole host of delays to activities.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    A Novel Approach To Addressing The Novel Coronavirus – Singapore's Approach To Contracts Under COVID-19

    When measures to combat the COVID-19 pandemic began to escalate across the world the sound of thousands of bottom drawers opening in unison could be heard as construction...
    SingaporeCoronavirus (COVID-19)
    Fenwick Elliott LLP
Fenwick Elliott LLP
  • Article

    Coronavirus/COVID-19 And Construction Contracts - Recent Developments And Further Actions

    This note deals with the most recent developments in the construction industry in dealing with Coronavirus/COVID-19 and covers:
    United KingdomCoronavirus (COVID-19)
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Implying Good Faith Into Agreements Made Under English Law: Part 2

    In the Contract Corner section of Issue 5 of IQ, I asked whether recent case law in England and Wales suggested that there may be a small change occurring in the approach of the English courts to the question of whether or not English law does or should recognise a general duty to perform contracts in good faith.
    United KingdomCorporate/Commercial Law
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Recent developments In Force Majeure

    Force majeure clauses are nearly always included in commercial contracts, particularly in the infrastructure, energy and construction sectors.
    United KingdomCorporate/Commercial Law
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    2012 Round-Up: The Bribery Act & The Changes To The Housing Grants Act

    This Christmas issue of Insight reviews the two most anticipated pieces of legislation to affect the construction industry over the past 18 months.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    All You Need To Know About The New CDM Regulations

    This 45th issue of Insight (i) considers the application of the new CDM Regulations and the transitional arrangements that will be in place; (ii) reviews the key changes that are expected to be introduced; ..
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Artificial Intelligence And Construction Law: It's Here, Don't Be Left Behind

    Artificial intelligence ("AI") and technological advances are already reshaping the landscape of the UK construction industry.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Impact Of Tariffs And Suspension On Development Projects Under The FIDIC Form

    In early December, I had the pleasure of serving as a session moderator at the Annual FIDIC International Contract Users' Conference in London.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Just How Detailed Do Pre Action Protocol Letters Need To Be?

    As you will almost certainly know, a revised Pre Action Protocol for Engineering and Construction Disputes ("the Protocol") came into effect on 6 April 2007. Already this year, there has been one case, Charles Church Developments Ltd v Stent Foundations Ltd & Peter Dann Ltd, [2007] EWHC 855 (TCC), before the courts, where Mr Justice Ramsey, who has recently taken over as the head judge at the Technology & Construction Court had to consider the consequences of failing to comply with the Protocol
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Let There Be Light – Fiat Lux! What You Need To Know About The Right To Light.

    The easement of light sits outside the planning system and after rights of way, is the most common private easement for developers to grapple with.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    The Second Edition of the FIDIC Rainbow Suite has arrived

    At a packed International Contract Users' Conference held in London on 5-6 December 2017, FIDIC finally unveiled the Second Edition of the 1999 Rainbow Suite, Red, Yellow and Silver Books.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Triathlon Homes LLP v Stratford Village Development Partnership & Anr

    We discussed this case in Issue 284. Triathlon brought the proceedings in respect of five residential blocks at the former athletes' village for the London 2012 Olympics at Stratford...
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Force Majeure And The Limits Of Reasonableness In MUR Shipping BV v RTI LTD<sup>1</sup>

    In March 2022, in allowing an appeal under section 69 of the Arbitration Act 1996, the Commercial Court held that a shipowner was entitled to rely on a force majeure clause...
    United KingdomInternational Law
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Arbitration In The UAE

    The Federal Arbitration Act ("FAA") came into effect in the UAE on 16 June 2018.
    United KingdomLitigation, Mediation & Arbitration
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Case Law On NEC3

    Since being endorsed by the Office of Government Commerce in 2013, NEC3 has fast become the standard form of choice for construction and maintenance works in the public sector, as well as being used occasionally in the private sector for major engineering projects.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Experts: The Rules, Recent Developments And Good Practices

    This 39th issue of Insight (i) reviews the rules by which experts should abide in relation to the preparation of their reports and the giving of their evidence;
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    FIDIC Dispute Adjudication Boards

    Of all the provisions to be found in the FIDIC form, those of clause 20 have attracted by far the most comment. One of the potential hurdles that need to be overcome with clause 20 is the appointment of the Dispute Adjudication Board or DAB itself.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    The Latest On Bonds And Guarantees

    We last looked at bonds and guarantees in the 20th issue of Insight in February 2013 ,,
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    L Is For Liquidated Damages

    Liquidated damages in construction are pre-agreed sums for specific breaches, offering predictability and incentivizing timely performance. They limit liability but can be challenged as penalties or if uncertain. Post-termination, only general damages apply unless otherwise stipulated.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Showing 421–440 of 604 results

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