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Ian Yule is construction and engineering partner in Shoosmiths
Ian Yule looks at how the courts have interpreted clauses on good faith and co-operation in long-term maintenance contracts like PFI
Just because an employer’s own actions have delayed completion does not necessarily let the contractor off the hook, explains Ian Yule
The latest revision of the New Engineering Contract, NEC4, could cause a few headaches for the employer’s project manager
How should the monetary effects of compensation events be assessed months after the event itself? There are two different schools of thought on that
The rule of ‘estoppel by convention’ is increasingly significant in disputes about payment or payless notices. So, what is it and what do the courts say about it?
When words are removed from a contract, deciding what to bring back into the court room can be a tricky business. A recent TCC case provides an example
Judges in the TCC will usually say that adjudicators’ decisions are there to be enforced. But a Part 8 procedure can be used to alter final decisions on self-contained legal points
The power/process plant exemption to the Construction Act no longer makes sense
It seems only fair that a party should be paid a reasonable amount for the work it performed. But the courts have taken a nuanced approach to quantum meruit claims
Should you choose arbitration or High Court for your dispute resolution clause? Steep rises in court fees have made the choice trickier
Many employers procuring civil engineering projects have turned to the NEC reluctantly and for want of any alternative. Now the ICC has positioned itself as a genuine rival
If a contract contains a clause requiring reasonable care and skill and another stating strict design obligations, can once cancel out the other?
Moves to speed up payment for the supply chain may have tipped the balance too far the other way and some subcontractors are cashing in
Letters of intent are often used while parties and their lawyers haggle over terms. But what happens when a contractor is required to work in accordance with terms still being discussed?
Adjudication has proved very successful in keeping construction disputes out of the courts, but the system needs a few tweaks to make sure it continues to operate smoothly
Rectification of contracts is not granted lightly by the courts. But where clauses have been intentionally doctored in drafting, this remedy still has an important role to play
It is, of course, possible to get an adjudication overturned in court, but if the original case is heard only years after the event, things can get complicated
An employer that gives itself the power to pay subcontractors direct if the main contractor does not, may find itself acting as a referee between two warring parties
What happens when delays have been caused equally by client and contractor? Here are some thoughts from John Marrin QC
Raising one issue at a time in serial adjudications can lead to confusion all round - everything should be decided together
More by Ian Yule
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