Latest from Construction Law at Large
Recent articles in the latest edition of Corbett & Co’s Construction Law at Large newsletter:
All Damage Is In A Sense Consequential – So What In Law Are Consequential Losses? Sub-Clause 17.6 of FIDIC’s Red, Yellow and Silver Book is an exemption clause and provides in the opening paragraph that: “Neither Party shall be liable to the other Party for loss of use of any Works, loss of profit, loss of any contract or for any indirect or consequential loss or damage which may be suffered by the other Party in connection with the Contract…” The phrase ‘indirect or consequential loss or damage’ has been examined by the English courts on numerous occasions. Historically the words ‘consequential loss’ were held to be synonymous with ‘indirect loss’. However, a recent case questions whether this will be correct in all cases.
Mistake In English Law: Two Recent Cases English law recognises different types of mistake and permits various equitable remedies in case of mistake, as illustrated by the two English court decisions examined in this article.
Pink Or Blue – How Strict Are The Notice Requirements? It is fair to say that a great number of disputes address the issue of notices ranging from notices for extension of time, to termination notices and notices of dissatisfaction. One of the crucial issues that is often in dispute is the compliance with the requirements set forth by the contract and hence the validity of a notice.
Penalty Clauses Down Under Whilst it is widely understood that the law on liquidated damages differs considerably between common law and civil jurisdictions, there are also differences within common law jurisdiction which are sometimes overlooked. This article summarises the recent developments to the law on penalties in England and Wales, as reported by Steve Mangan in May 2006, and compares them with the developments to the law on penalties in Australia.
Further articles may be found in the Knowledge Hub.
FIDIC Case Law Table
Our team at Corbett & Co has compiled a list of FIDIC-related court judgements and arbitral awards. In addition to our case summaries, which we are adding to with each update, the FIDIC Case Law Table includes links to the judgments and awards, the year, jurisdiction and the list of clauses each case considers. We hope our list is comprehensive but if you are aware of any other judgments or awards that should feature in the table, please let us know by sending an email to firstname.lastname@example.org.
FIDIC 1999 Commentaries
Following the publication of the Corbett & Co FIDIC case law table we are now releasing a commentary on the FIDIC 1999 Red Book. Twelve clauses are already uploaded and we are hoping to add a new clause every month. Click here to view available commentaries.
Forthcoming Cornerstone FIDIC Seminars
Corbett & Co is proud to work with Cornerstone Seminars who run highly respected FIDIC Contracts and FIDIC Claims events around the world, featuring leading FIDIC experts.
Full details of forthcoming seminars will be available soon but plans are for the following:
16-17 October 2017: FIDIC Contracts, Vienna.
06-07 November 2017: FIDIC Claims, London.
18-19 December 2017: FIDIC Claims, Dubai.
To sign up and receive further information click here
Cornerstone FIDIC Group on LinkedIn
The Cornerstone FIDIC Group on LinkedIn has almost 3,000 members and the group’s members use it as a useful forum to share information and raise queries regarding the standard forms of contract. To keep up with discussion on interesting topics within FIDIC please join the Cornerstone FIDIC Group on LinkedIn. To view the group and join please click here
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DISCLAIMER – The content of this Newsletter is not legal advice. You should always consult a suitably qualified lawyer regarding any particular legal issue or problem you may have. Please contact us if you require any legal assistance.