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ARTICLE · 14 JANUARY 2019

Projects & Construction Law Update - Janary 2019

All too often, construction works are commenced without the parties having finalised the terms of their engagement.

United KingdomCorporate/Commercial Law

Please find below Clyde & Co's latest projects and construction law update

Cases

Commencing works without a formal agreement...

Arcadis Consulting (UK) Ltd v AMEC (BCS) Ltd [2018] EWCA 2222

All too often, construction works are commenced without the parties having finalised the terms of their engagement. In this case, the Court of Appeal had to determine whether or not an architect's liability with respect to design was limited, in circumstances where the works had been completed without the parties having finalised a formal agreement to govern the works. The contractor sought approx. £40 million in damages from the architect, so the issue of a liability cap was crucial to the architect's case...

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