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  • Article

    Is There A General Principle Of Good Faith Under English Law?*

    Many Jurisdictions Expressly Include In Their Civil Codes References To The Concept Of Good Faith In Commercial Dealings.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Guaranteeing Company Obligations – Don't Let It Get Personal

    We were recently approached by a client asking if we could help to extricate him from a personal guarantee – a guarantee which, prior to it being called on, he had not realised he had given.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
Fenwick Elliott LLP
  • Article

    The Insurance Act 2015

    <p>On 12 February 2015, the Insurance Act 2015 ("the Insurance Act") received Royal Assent.
    GlobalInsurance
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Design Life Guarantees And Limitation: What Have You Actually Been Offered?

    Design life guarantees are a common feature of construction and infrastructure contracts providing comfort that a critical aspect (or aspects) of a structure that will last for a certain period of time.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Alliancing: What does the new NEC4 Alliance Contract have to offer?

    In June 2018 the NEC published its first Alliance Contract "designed for use on major projects or programmes of work where longer term collaborative ways of working are to be created".
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Arbitrators, Adjudicators And GDPR Is It YK2 All Over? (Part 1)

    Let's get one thing straight at the start, the General Data Protection Regulation 2016/679 ("GDPR") does not apply to people processing personal data in the course of exclusively personal or household activity.
    United KingdomPrivacy
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    The New Insurance Act

    Major change is afoot in the insurance industry. On 1 August 2016, the Third Parties (Rights against Insurers) Act 2010 comes into force.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Cross-Contract Set Off - What Is The View Of The Courts?

    In June 2010 the Court of Appeal handed down a unanimous Judgment in the case of Geldof Metaalconstructie NV v Simon Carves Ltd ("Geldof") [2010] EWCA Civ 667.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    The New Insurance Act

    On 12 August 2016 the Insurance Act 2015 (the "Insurance Act")1 came into force bringing with it a new default regime for business insurance in the UK.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Unexpected, Unforeseeable, Unaware? Site Conditions – "Contractors Should Beware!"*

    As Sarah Buckingham explains, one of the recurring themes in many of the contract negotiations we have seen this year relates to site conditions and who is to take this risk if they turn out to be unexpectedly adverse.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Design Obligations: Fitness For Purpose

    As Karen Gidwani explains, this year brought the conclusion to the long-running case of MT Højgaard A/S v. E.ON Climate and Renewables UK Robin Rigg and another ("MTH v. E.ON"). Fenwick Elliott acted for MTH.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Payment Provisions In Construction Contracts

    When the amendments to the Housing Grants (Construction and Regeneration) Act 1996 ("the Construction Act") were introduced by Part 8 of the Local Democracy, Economic Development and Construction Act 2009 ("the New Act") it was not entirely clear how the changes in the payment provisions section would impact on the behaviour of parties to construction contracts.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Bonds And Guarantees: What To Focus On In The Current Economic Environment

    In the current economic environment, it is more important than ever to ensure that your project's securities are set up correctly, or, if you are the party offering those securities, know what you have given.
    United KingdomCorporate/Commercial Law
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Mediation: Is It Ever Reasonable To Decline A Request To Mediate?

    In light of recent court cases many might agree that the answer to this question is "no". That said, Sir Alan Ward in the case of Wright v Michael Wright Supplies Ltd1 commented that: ..
    United KingdomLitigation, Mediation & Arbitration
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Forecast Or Fantasy: Where Is The NEC Dividing Line?

    The NEC4 form of contract emphasises "collaborative working requiring the early identification of problems and proactive approach to addressing problems".
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Time Bars In An International Context

    Under most formal contracts it is necessary for the contractor to give notice of various matters before becoming entitled to extensions of time and loss and expense.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    The Jackson Reforms To The Litigation Process: Three Years On

    One of the key elements of the Jackson Reforms was the effective management of litigation costs through the introduction of cost budgeting.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    ‘New' Revised Pre-Action Protocol For Construction And Energy Disputes

    A speech by Simon Tolson, Fenwick Elliott, delivered at the launch event for the new Pre-Action Protocol for Construction and Engineering disputes, 2 November 2016 at Super Court, 7 Rolls Building, Fetter Lane, Court 26
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Arbitrators, Adjudicators And GDPR Is It YK2 All Over? (Part 2)

    In Part 1 of his article on GDPR, Simon Tolson explored the key underlying principles about how GDPR affects arbitrators and adjudicators. In Part 2 below, Simon discusses the application of those principles to dealing with personal data.
    United KingdomPrivacy
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Article

    Use And Misuse Of FIDIC Forms Of Contract In Central And Eastern Europe: The Worrying Trend Of Silver Book Provisions In Public Works Contracts

    For over 40 years the EIC (European International Contractors) has been at the forefront of advocating fair and balanced conditions of contract in the international construction sector.
    United KingdomReal Estate and Construction
    Fenwick Elliott LLP
    Fenwick Elliott LLP
  • Showing 581–600 of 605 results

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