All articles by Lindy Patterson – Page 2
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CommentContracts: Teetering on the breach
In this case from the oil and gas industry, a contractor tries to recover costs for its own negligence
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CommentIndemnity claims: Cutting your losses
Do you know what an indemnity is and how a claim under one differs from a claim for damages for breach of contract?
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CommentPublic procurement: Are you ready?
New regulations introducing a more flexible and modern regime are due this spring. These are the main changes
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CommentTermination at convenience
Terminating a contract is never an easy call to make, and it could have a strong impact on later damages payments should you act too hastily, as these cases demonstrate
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CommentPutting a value on variations
The judgment in the case between MT Hojgaard and E.On highlights why employers should not use the variation process to deal with a breach of contract
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CommentCaps on liability?
Liability caps have been around for a long time but are they the hot topic for 2014?
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CommentTermination: Parting of the ways
A recent case in the Technology and Construction Court is a useful reminder as to how and in what circumstances notices of termination can be given
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CommentContract fatigue?
The continuing desire to bring new standard form contracts to the market is astonishing – maybe the construction industry should adopt a new year’s resolution
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CommentA problem shared
Net contribution clauses protect companies from taking all of the blame if another liable party has become insolvent. But it’s important to be sure whose work it covers
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CommentTaking over provisons: Risky business
Should an employer accept that gaining access pre taking over or practical completion will involve transfer of risk?
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CommentBe aware of serial defects clauses
A recurring clause in civils work contracts on wind farms can be problematic
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CommentWill collateral warranty standard clauses stand up?
Pre-recession, collateral warranties were ‘belt and braces’ protection. All that has changed
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CommentJV agreements: Common provisions
Five of the most important provisions in a joint venture agreement
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CommentLegal brief: When a loss of chance has a value
McCrindle Group vs Maclay Murray and Spens produces an extremely useful summary of causation and valuation in “loss of chance” cases
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CommentWind farms: Second generation
A lot of lessons have been learned about the technical side of building wind farms. But what about contracts? Lindy Patterson looks at how things have changed in the last decade
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CommentLegal brief: Human rights vs adjudication
A decision by the Scottish Courts on Whyte MacKay Ltd vs Blyth and Blyth Consulting Engineers sets an interesting precedent
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CommentPower projects: Dealing with defects
How and when defects in power projects are corrected depends much on the exact terms of the contract
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CommentWonders & blunders with Lindy Patterson
Scotland’s Forth Bridge takes Lindy Patterson’s breath away but Glasgow’s principal civic square, the scene of so many protests, is itself the subject of her protestations
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CommentOperational risks on power station projects
Construction contracts on power projects contain a host of operational requirements, but the testing of the plant’s performance can cause sparks to fly
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CommentTurn on the power
In the first of three articles looking at key risks for contractors on energy projects, we examine a typical contract structure for a power station build
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