Knowledge Hub

Welcome to the Knowledge Hub – in the articles to be found here, we cover developments that we feel are relevant to the businesses of our many clients and colleagues.  We do hope you find them of interest and welcome your feedback. Please use the search form on this page to search the archive for more articles.

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1. No Oral Modification Clauses Mean What They Say

Written by Steve Mangan | 21/05/2019

Will an oral agreement override a written one that expressly prohibits oral modification?  No.  The UK Supreme Court in Rock Advertising Ltd - v - MWB Business Exchange Centres Ltd[1] brings welcome clarification to the English common law on “no oral modification” (NOM) clauses.  The courts will now uphold them. ..

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2. No EOT for Concurrent Delay, if so Agreed

Written by Steve Mangan | 21/05/2019

Contract clauses that deny a contractor entitlement to an extension of time for concurrent delays caused by both employer and contractor are valid in principle.  In North Midland Building Ltd -V- Cyden Homes Ltd [1] the Court of Appeal of England and Wales has ruled that such clauses do not offend the common law prevention principle.  Nor do they give rise to an implied term to prohibit the imposition of delay damages that may result. ..

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3. FIDIC contracts – What protection do they give contractors for employer financial problems?

Written by Joanne Clarke | 21/05/2019

In all construction contracts, one of the central principles is the Employer’s obligation to pay the contract price. The Contractor will be wary about the Employer’s financial standing and ability to pay and concerned to ensure that payments are made on time and that effective remedies are available in case of late or non-payment. The FIDIC standard forms of contract contain provisions dealing with these aspects...

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4. Arbitration in a Post-Brexit World

Written by Andrew Tweeddale | 21/05/2019

This article considers what the arbitration landscape will look like when (or perhaps if!) the UK leaves the EU and concludes that big changes are unlikely...

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5. FIDIC 1999 Books - Commentary on Clause 17

Written by Andrew Tweeddale | 04/04/2019

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6. FIDIC 1999 Books – Commentary on Clause 8

Written by Andrew Tweeddale | 14/11/2018

Click through to read Corbett & Co's helpful commentary on FIDIC Red Book 1999 book - Clause 8..

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7. FIDIC 1999 Books – Commentary on Clause 7

Written by Andrew Tweeddale | 14/11/2018

Click through to read Corbett & Co's helpful commentary on FIDIC Red Book 1999 book - Clause 7..

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8. FIDIC 1999 Books - Commentary on Clause 6

Written by Andrew Tweeddale | 14/11/2018

Click through to read Corbett & Co's helpful commentary on FIDIC Red Book 1999 book - Clause 6..

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9. Cherry Picking FIDIC 2017

Written by Edward Corbett | 29/10/2018

Much has been said about the new Red, Yellow and Silver Books 2nd Editions launched by FIDIC in December last year. The most obvious comment has been about their size, almost 50,000 words, which is some 60% longer than the 1999 forms. Although the 1999 forms were not perfect, most regular users seem to be agreed that they did not need 20,000 words to fix the issues. This consensus led this author to attempt to cherry-pick the good bits from the 2017 forms and to propose amendments to add the good ideas to the 1999 forms. The amendments apply to all three forms unless it is indicated otherwise. ..

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The content of the Knowledge Hub is not legal advice. You should always consult a suitably qualified lawyer regarding a particular legal issue or problem that you have. Please contact us if you require legal assistance.

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