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  • Article

    Changes To The Claims Provision In The Proposed Second Edition Of The Yellow Book

    In December 2016 at the FIDIC Users Conference held in London, FIDIC presented a pre-release version of its second edition of Conditions of Contracts for Plant and Design Build ("the Proposed 2017 Yellow Book") which is due to be published during the course of 2017.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Coronavirus And Construction: The Law And Practical Actions

    COVID-19 will never need an introduction, and 2020 will be forever dominated by discussing what happened.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
Fenwick Elliott LLP
  • Article

    Breaking Ground: Technology In Construction

    If you missed that article, please take some time out to review this.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Extensions of Time: Contiguous or Non-contiguous? That was the Question

    In February 2017, in Carillion Construction Ltd v Emcor Engineering Services Ltd,1 the Court of Appeal had the opportunity to consider a novel issue in relation to extensions of time: how extensions of time after the date for completion are applied.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Triple Point: More Than Simply ‘Liquidated Damages'

    The Supreme Court judgment in Triple Point has perhaps received the most coverage in relation to the findings concerning liquidated damages.
    United KingdomCorporate/Commercial Law
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Interpreting Contracts And Implying Terms: The Approach Of The Supreme Court

    In the preceding article, Reyhan Yilmaz looked at anti-oral variation clauses, which are designed to limit the ability of parties to make subsequent changes to their agreement. Lord Justice Beatson had said in the Globe Motors1 case highlighted by Reyhan that
    United Arab EmiratesReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Procurement And Construction In The Nuclear Setting – An Analysis Of The Key Risks In Light Of The Unique Features Of Nuclear Developments

    The article explores strategies for nuclear energy project procurement and contract management, emphasizing risk mitigation, collaborative approaches, and framework alliance contracts to improve safety, reduce carbon emissions, and enhance project integration.
    United KingdomGovernment, Public Sector
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    The New Insurance Landscape In The Construction Context

    On 12 February 2015, following nine years' work by various Law Commissions and working groups, and a whirlwind of activity over recent months, the Insurance Act 2015 ("the Insurance Act") received Royal Assent.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Notices: Another Year, Yet More Cautionary Tales

    Sometimes, there may be time limits on when a party can refer a dispute to adjudication.
    United KingdomCorporate/Commercial Law
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Liquidated Damages: A Round Up

    The recent TCC case of Eco World – Ballymore Embassy Gardens Company Limited v Dobler UK Limited and the Supreme Court case of Triple Point Technology, Inc v PTT Public Company Ltd...
    United KingdomCorporate/Commercial Law
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    The 2017 FIDIC Dispute Resolution Procedure: The New Dispute Resolution Mechanism

    The dispute mechanism in the 2017 Contracts follows on from a worldwide trend of promoting dispute avoidance over arbitration.
    United KingdomCorporate/Commercial Law
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    A Yellow Book Tale: Termination, Letters Of Credit And A Question Of Fraud

    In this Insight, we look at a recent Court of Appeal case on On-Demand Performance Securities (specifically Standby Letters of Credit) provided by a Brazilian contractor to the NIDCO pursuant to a FIDIC Yellow Book contract.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Responsibility For Concurrent Delay

    Claims revolving around concurrent delay are a frequently encountered problem in construction contracts. As Jeremy Glover explains, the problem of concurrency typically arises when...
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    NEC4 And FIDIC Compared

    The year 2017 will see the introduction of new editions of the FIDIC and NEC forms of contract.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    January Insight: The Adjudication Society & King's College London Report On Adjudication: Thoughts For The Future?

    On 3 November 2022, the Adjudication Society & King's College London Report on Adjudication was launched at the Adjudication Society's Annual Conference in Edinburgh (the "Report").
    United KingdomStrategy
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Payment Provisions In Construction Contracts: Another Year On

    This first wave of cases included: ISG Construction Ltd v Seevic College,1 Galliford Try Building Ltd v Estura Ltd,2 Caledonian Modular Ltd v Mar City Developments Ltd,3 and Henia Investments Inc v Beck Interiors Ltd.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    2019: Are You Prepared For The VAT Reverse Charge?

    The construction industry enters 2019 a bit battered and bruised.
    United KingdomTax
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Privilege in the Context of Construction Claims: A Refresher and Warnings

    In this month's Insight we review some of the basics in respect of privilege so far as it pertains to construction claims including adjudications.
    United KingdomLitigation, Mediation & Arbitration
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Who Owns Those Goods? Unpicking The Mess In A Construction Context

    The insolvency of Carillion has placed into sharp relief the difficulties faced by those both up and down the contractual chain for a construction project when one part of that chain becomes insolvent and the ultimate supplier of goods and materials on site has not been paid.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Exclusion And Limitation Clauses In Construction Contracts - Recent Developments

    As Philip Barnes explains, consultants and contractors, as well as suppliers, are increasingly seeking to limit their potential exposure to clients (and others) in the construction contracts they agree.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Showing 561–580 of 605 results

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