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
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
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
This Practice Note looks at Employer’s Requirements (also referred to as ERs) within a building contract. It explains what Employer’s Requirements are...
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9th Nov
Practice notes
This Practice Note examines the purpose and content of the schedule of services that will usually be appended to a consultant’s appointment entered...
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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
A collateral warranty is a contract which is collateral to, or sits alongside, the underlying or primary contract (ie the construction contract or...
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9th Nov
Practice notes
What is sectional completion?Where the construction contract splits the works into sections or parts, usually to be started at different times, there...
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9th Nov
Practice notes
This Practice Note explains what liquidated and ascertained damages (LADs/LDs) are and their purpose in a building contract. It considers the...
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9th Nov
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
The JCT Pre-Construction Services Agreement was launched in 2008. A revised edition was published in 2011 to incorporate the amendments to the Housing...
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9th Nov
Practice notes
If a party is said to have ‘design liability’, it means that it bears legal responsibility for all or part of the design of a construction/engineering...
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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
'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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18th Jan
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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14th Jan
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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6th Dec
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
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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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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