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Can an exclusion clause or liability cap apply to a deliberate or fundamental breach? (Mott MacDonald v Trant Engineering)

The following Commercial news provides comprehensive and up to date legal information on Can an exclusion clause or liability cap apply to a deliberate or fundamental breach? (Mott MacDonald v Trant Engineering)

The impact of coronavirus (COVID-19) on civil litigation in England and Wales one year on—a solicitor’s perspective

The following Construction news provides comprehensive and up to date legal information on The impact of coronavirus (COVID-19) on civil litigation in England and Wales one year on—a solicitor’s perspective

Construction weekly highlights—8 April 2021

The following Construction news provides comprehensive and up to date legal information on Construction weekly highlights—8 April 2021

Construction weekly highlights—1 April 2021

The following Construction news provides comprehensive and up to date legal information on Construction weekly highlights—1 April 2021

Featured Construction content

Build Operate Transfer (BOT) contracts

The Public Private Partnership (PPP) models are a popular way for governments to involve private investment, expertise and risk in procuring...

Time at large in construction contracts

This Practice Note examines the concept of ‘time at large’ in relation to the completion of works under a construction contract, including what time...

The prevention principle

This Practice Note considers the meaning and nature of the prevention principle and its relevance to delay claims in construction projects. It also...

Differences between adjudication and other forms of dispute resolution

This Practice Note identifies some of the key differences between adjudication and litigation, arbitration, mediation and expert...

Practice notes

Target cost contracts on construction projects

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’...

9th Nov

Practice notes

Loss and expense

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...

9th Nov

In-house

Practice notes

Responsibility for Employer's Requirements

This Practice Note looks at Employer’s Requirements (also referred to as ERs) within a building contract. It explains what Employer’s Requirements are...

9th Nov

Practice notes

Letters of intent—construction

What is a letter of intent?Letters of intent are used in construction and engineering projects to allow the employer to mobilise a contractor before...

9th Nov

Practice notes

What is a variation on a construction project?

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...

9th Nov

Practice notes

Step-in rights in a collateral warranty

It is standard practice in construction projects for the contractor, key sub-contractors and consultants (referred to in this Practice Note as...

9th Nov

Practice notes

JCT collateral warranties

A collateral warranty is a contract which is collateral to, or sits alongside, the underlying or primary contract (ie the construction contract or...

9th Nov

Practice notes

Sectional completion

What is sectional completion?Where the construction contract splits the works into sections or parts, usually to be started at different times, there...

9th Nov

Practice notes

Liquidated damages in construction contracts

This Practice Note explains what liquidated and ascertained damages (LADs/LDs) are and their purpose in a building contract. It considers the...

9th Nov

In-house

Practice notes

SBCC (Scottish Building Contract Committee) standard forms of contract

This Practice Note looks at the SBCC (Scottish Building Contract Committee) standard forms of contract and the key differences between them and the...

Produced in partnership with MacRoberts LLP 12th Jan

Scottish Law

Practice notes

FIDIC contracts—introduction to the Yellow Book 1999

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...

Produced in partnership with Victoria Tyson of Corbett & Co 12th Jan

In-house

Practice notes

'Pay when paid' and 'paid when certified' clauses

This Practice Note considers ‘pay when paid’ clauses and ‘pay when certified’ clauses in construction contracts, and the relevant provisions of the...

Produced in partnership with Womble Bond Dickinson 12th Jan

Practice notes

Interim payments in construction contracts

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...

9th Nov

Practice notes

Breach of natural justice in adjudication

Produced in association with 4 Pump CourtPrinciples of natural justiceIf an adjudicator breaches the rules of natural justice during the adjudication...

9th Nov

In-house

Practice notes

Benefits and risks of adjudication

Produced in association with 4 Pump CourtParties to a 'construction contract' have the right to refer any dispute that has crystallised to...

9th Nov

Practice notes

The contractor's programme

This Practice Note considers the status of the programme in a construction contract, what difference it makes if the programme is a contract document...

9th Nov

Most recent International construction content

Practice notes

Modern slavery in the construction industry

An estimated seven per cent of the global workforce works in construction. Many millions of people building homes, offices and infrastructure. The...

9th Apr

Practice notes

Getting the Deal Through: Mining 2020

Jurisdictions coveredThe following jurisdictions are covered in this report:Angola; Argentina; Canada; Chile; Democratic Republic of Congo; Ecuador;...

9th Apr

Practice notes

Getting the Deal Through: Project Finance 2021

Jurisdictions coveredThe following jurisdictions are covered in this report:Angola; Australia; China; Cyprus; Dominican Republic; Germany; Italy;...

9th Apr

Practice notes

Getting the Deal Through: Construction 2021

Jurisdictions coveredThe following jurisdictions are covered in this report:Australia; Austria; Brazil; Canada; China; Denmark; France; Germany;...

9th Apr

Practice notes

Getting the Deal Through: Mediation 2020

Jurisdictions coveredThe following jurisdictions are covered in this report:Austria; China; Germany; India; Japan; Singapore; Spain; United Kingdom;...

9th Apr

Practice notes

Getting the Deal Through: Public Private Partnerships 2021

Jurisdictions coveredThe following jurisdictions are covered in this report:Argentina; Colombia; Ghana; Greece; Japan; Nigeria; Portugal;...

9th Apr

Practice notes

Getting the Deal Through: Dispute Resolution 2020

Jurisdictions coveredThe following jurisdictions are covered in this report:Australia; Bermuda; Brazil; Canada; Canada - Quebec; Cayman Islands;...

9th Apr

Practice notes

Getting the Deal Through: Public Procurement 2020

Jurisdictions coveredThe following jurisdictions are covered in this report:Angola; Belgium; Bulgaria; Cape Verde; Chile; European Union; Ghana;...

9th Apr

Practice notes

Getting the Deal Through: Shipbuilding 2020

Jurisdictions coveredThe following jurisdictions are covered in this report:Brazil; Canada; China; Japan; Netherlands; Nigeria; Norway; Russia;...

9th Apr

Practice notes

Construction—United Kingdom—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to construction rights in United Kingdom published as part of the Lexology Getting the...

8th Apr

Practice notes

Construction—Austria—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to construction rights in Austria published as part of the Lexology Getting the Deal...

8th Apr

Practice notes

Construction—Taiwan—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to construction rights in Taiwan published as part of the Lexology Getting the Deal...

8th Apr

Practice notes

Construction—South Africa—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to construction rights in South Africa published as part of the Lexology Getting the...

8th Apr

Practice notes

Construction—USA—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to construction rights in USA published as part of the Lexology Getting the Deal Through...

8th Apr

Practice notes

Construction—Denmark—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to construction rights in Denmark published as part of the Lexology Getting the Deal...

8th Apr

Practice notes

FIDIC contracts—reference copies

This document contains quick links to searchable PDF copies of the key FIDIC standard form contracts, including the 2017 editions and 1999 editions of...

8th Apr

Practice notes

FIDIC contracts—introduction to the Silver Book 1999

This Practice Note looks at the FIDIC Conditions of Contract for EPC/Turnkey Projects 1999, commonly known as the Silver Book 1999.FIDIC published a...

Produced in partnership with Victoria Tyson of Corbett & Co 8th Apr

Practice notes

Construction—Sweden—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to construction rights in Sweden published as part of the Lexology Getting the Deal...

8th Apr

Practice notes

Construction—Netherlands—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to construction rights in Netherlands published as part of the Lexology Getting the Deal...

8th Apr

Practice notes