Searching Content by Cathy Moore from Gowling WLG ordered by Published Date Descending.
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The Basics: What Is Set Off And When Does The Right To Set Off Arise?
In certain circumstances, if a claim is proven, the defendant will be able to offset monies that are due to it from the claimant - this is known as set off.
8 Aug 2019
Ensure Your Contracts Reflect Your Intention – Say What You Mean (And What Might Happen If You Don't)
The decision in Network Rail Infrastructure Ltd v ABC Electrification Ltd [2019] is a clear example of the courts' approach to contractual interpretation, focusing primarily on one clause of the contract.
22 Jul 2019
The Basics: What Does "Without Prejudice" Mean And When Do I Need To Use It?
What does it mean if a letter or email you receive is marked "without prejudice" (WP) or if the other party to the dispute proposes a without prejudice discussion?
8 Jul 2019
Latest Court Of Appeal Decision On Practical Completion - Key Points
In 2018, we reported on the Technology and Construction Court judgment (TCC) in Mears Ltd v (1) Costplan Services (South East) Ltd (2) Plymouth (Notte Street) Ltd and (3) J.R. Pickstock Ltd
17 Apr 2019
Termination And The Inapplicable Liquidated Damages Clause
Until the recent Court of Appeal judgment in Triple Point Technology Inc v PTT Public Company Ltd, the generally held view was that in delay cases where the contract works ...
9 Apr 2019
Insurers: Heightened Risk Of Non-Party Costs Orders - What You Need To Know
In Various Claimants v Giambrone & Law (a firm) and others [2019], a non-party costs order has been made against insurers, even though those insurers had largely ceded control over the defence to certain insureds.
26 Mar 2019
The Basics: Do I Really Have To Consider Mediation?
Our dispute resolution experts set out what you need to know about mediation.
13 Mar 2019
Latest Payment Decision: Compliance With Immediate Payment Obligations Is (Almost Always) Required Before A True Value Adjudication
Following the important decisions in Grove last year, we review the latest judgment on payment and adjudications from the Technology and Construction Court (the TCC) in M Davenport Builders
4 Mar 2019
Blowing Hot And Cold On The Jurisdiction Of An Adjudicator - Clearing The Mist?
In the recent case of SKYMIST HOLDINGS LIMITED v GRANDLANE DEVELOPMENTS LIMITED [2018], the Technology and Construction Court (TCC)
5 Feb 2019
Practical Completion: The Gift That Keeps On Giving - An Update On The Latest Case Law
The achievement or certification of practical completion has significant consequences under a building contract; which will usually include a release of part of the retention monies, the employer taking possession of the works and the start of the defects liability period.
28 Dec 2018
Court Of Appeal Confirms Grove Developments Limited v S&T (UK) Limited [2018] - Smash And Grab Adjudications Disappearing?
In February 2018, we reported on the important judgment in Grove Developments Limited v S&T (UK) Limited [2018].
13 Nov 2018
No Appeal Of The Court Of Appeal Decision On Privilege In SFO V ENRC [2018] - Relief Or Disappointment?
Last week the SFO confirmed that it will not be appealing the CA judgment of 5 September 2018 which overturned the first instance decision in Director of the Serious Fraud Office v Eurasian Natural Resources Corp Ltd...
10 Oct 2018
When Can A Force Majeure Clause In A Contract Be Relied On?
In times of economic and/or political uncertainty, parties to construction contracts may consider whether they have a right to rely on force majeure provisions as a justification ...
22 Aug 2018
The Basics: What Damages Can I Recover If I Prove My Claim In Contract?
It makes sense to be aware of what is potentially recoverable before incurring the significant costs of pursuing a claim.
14 Aug 2018
Milestone Payments May Not Be An Adequate Payment Mechanism In Construction Contracts - What You Need To Know
Construction contracts as defined by the Housing Grants, Construction and Regeneration Act 1996 as amended (the Construction Act) must contain an adequate payment mechanism.
26 Jul 2018
Exclusion Clauses And The Reasonableness Test - What You Need To Know About The Latest Court Of Appeal Decisions
Pre-contract, exclusion clauses are often the subject of extensive debate, as commercially they are a key part of assessing and moderating risks. When disputes arise during performance ...
13 Jul 2018
Adjudication Watch June 2018 - Caselaw Review And Update: What You Need To Know
In this latest 'Adjudication Watch' our construction team provides updates on significant adjudication decisions:
22 Jun 2018
Supreme Court Rules That A Contractual Term That Requires Modifications To Be In Writing Is Binding
Very often a contract contains a clause which states it may only be amended in writing. Such clauses are known as "No Oral Modification" or NOM clauses.
22 May 2018
Limiting The Contractor's Design Liability Under NEC Wording: Does It Leave You Exposed?
In the Scottish decision of SSE Generation Limited v Hochtief Solutions AG [2018], a first instance decision has been overturned in part, holding the Contractor liable under NEC2 ...
15 May 2018
Planning Consent: Implied Terms And Risk In A JCT Contract
On 16 March 2018, the CA handed down a decision in the case of Jean-Francois Clin v Walter Lilly & Co Ltd (2018) confirming that a term should be implied into a JCT form of contract providing for an obligation by...
21 Mar 2018
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