Damages and exclusion clauses

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Practice notes
In December 2017, FIDIC launched the second editions of the Red, Yellow and Silver Book. This Practice Note is an introduction to the FIDIC Silver...
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Produced in partnership with Victoria Tyson of Corbett & Co 12th Jan
Practice notes
This Practice Note identifies some of the key differences between adjudication and litigation, arbitration, mediation and expert...
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Produced in partnership with 4 Pump Court 12th Jan
Practice notes
This Practice Note examines agreements entered into under sections 38 and 278 of the Highways Act 1980, considering the obligations they impose and,...
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9th Nov
Practice notes
What is a target cost contract?A target cost contract is a type of cost reimbursable contract under which the contractor is paid the ‘actual cost’...
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9th Nov
Practice notes
It is common in construction projects for defects to manifest or appear in the works. Most construction contracts require the contractor to return to...
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9th Nov
Practice notes
Claims by contractors for loss and expense arising from a disturbance to progress of the works are one of the most debated and contentious areas of...
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9th Nov
Practice notes
Brexit impact—public procurement: The UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s...
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9th Nov
Practice notes
While tort claims are not as common in construction projects as breach of contract claims, they do still arise and it is not uncommon for a claimant...
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9th Nov
Practice notes
A variation (sometimes referred to as a change) is an alteration to the scope of work originally specified in the contract, whether by way of an...
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9th Nov
Practice notes
It is standard practice in construction projects for the contractor, key sub-contractors and consultants (referred to in this Practice Note as...
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9th Nov
Practice notes
This Practice Note looks at the SBCC (Scottish Building Contract Committee) standard forms of contract and the key differences between them and the...
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Produced in partnership with MacRoberts LLP 12th Jan
Practice notes
This Practice Note looks at the FIDIC Conditions of Contract for Plant and Design Build 1999, commonly known as the FIDIC Yellow Book 1999.FIDIC...
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Produced in partnership with Victoria Tyson of Corbett & Co 12th Jan
Practice notes
This Practice Note considers ‘pay when paid’ clauses and ‘pay when certified’ clauses in construction contracts, and the relevant provisions of the...
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Produced in partnership with Womble Bond Dickinson 12th Jan
Practice notes
This Practice Note provides an overview of what interim payments are, how the right to be paid (usually by monthly or stage/milestone payments) arises...
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9th Nov
Practice notes
This Practice Note examines the extent to which contractors, sub-contractors and consultants have a duty to warn their employer of inadequacies that...
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9th Nov
Practice notes
This Practice Note identifies the key parties involved in most construction projects (including the employer, the contractor, the professional team of...
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9th Nov

Most recent Damages and exclusion clauses content

Practice notes
This Practice Note provides guidance on limitation clauses and exclusion clauses (sometimes referred to as exemption or exception clauses) in...
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8th Apr
Practice notes
'No greater liability' clauses are a common feature of collateral warranties (and third party rights memoranda). Their purpose is to ensure that the...
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8th Apr
Practice notes
This Practice Note provides specific guidance on exclusions and limits of liability relevant to consultant appointments. It should be read alongside...
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8th Mar
Q&As
An indemnity is an agreement by one party to bear the cost of certain losses or liabilities incurred by or claims brought against another party in...
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15th Feb
Q&As
An indemnity is a contractual term under which a party promises to reimburse another in relation to specified loss or damage or, in some cases, to...
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6th Dec
Precedents
Contributive liability ...
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26th Sep
Precedents
Exclusion of losses ...
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26th Sep
Precedents
Net contribution 1 The Consultant’s liability for the Employer’s losses shall be lim...
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26th Sep
Precedents
Limit of liability Financial cap 1 The Consultant's liability under or in connection with this Appointment shall not exceed...
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26th Sep
Precedents
Consequential loss ...
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26th Sep
Precedents
No greater liability Consultant warranty 1 The Consultant warrants and undertakes to the Beneficiary that the Consultant has...
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26th Sep
Precedents
Joint and several liability 1 Subject to clauses [Insert...
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26th Sep

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