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Sub-Clause 1.15: Limitation of Liability

The substance of this provision was already in Sub-Clause 17.6 in the 1999 edition and has now been separated from other provisions dealing with Risk and Responsibility. As before it generally exempts parties from liability to the other for “loss of use of any Works, loss of profit, loss of any contract or any indirect or consequential loss” except in respect of a list of identified Sub-Clauses. The list has been extended and several of the changes are very significant. It also limits liability to certain levels in some circumstances. Finally, it excludes parties from cover by the exemption and limits in certain circumstances. All three elements have changed.

By |January 27th, 2018|English Law, Knowledge Hub|Comments Off on Sub-Clause 1.15: Limitation of Liability

Tunnel Vision: The English High Court Considers the FIDIC Yellow Book

The English Court considers termination and notice provisions under the FIDIC Yellow Book 1999. How are clause 15.1 notices to correct limited? Do termination events have to be repudiations? Is it fatal to serve notice of termination on the ’wrong’ address? When does the 28-day period under clause 20.1 start to run? Mr Justice Akenhead offers guidance to the industry.

By |September 1st, 2014|English Law, Knowledge Hub, Litigation|Comments Off on Tunnel Vision: The English High Court Considers the FIDIC Yellow Book
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