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ARTICLE · 04 MARCH 2020

Projects & Construction Quarterly Bulletin (March 2020)

Clyde & Co
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Issues such as repudiation, frustration and compensation are always at the forefront of an adviser's mind when the word "termination" is used.

United KingdomReal Estate and Construction
Clyde & Co LLP
Clyde & Co LLP
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1. Termination: You 'Bester' get it right (click here to read more)

Issues such as repudiation, frustration and compensation are always at the forefront of an adviser's mind when the word "termination" is used. Regardless of the motives, if one party wishes to terminate it needs to make sure that it does so properly!

The issue of termination has most recently arisen in the case PBS Energo A.S v Bester Generacion UK Ltd [2020] EWHC 223 (TCC). This case is the latest in a line of judgments on this project. Both parties alleged a valid entitlement to terminate, with both parties serving notices of termination.The Court was concerned as to which notice of termination was effective and valid.

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