Damages and exclusions

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Damages and exclusions guidance:

This Practice Note serves as a quick reference guide for practitioners comparing the law of damages as it applies to claims in tort and in contract. For the basic...

Practice Note

Consequential loss 1 Consequential Loss means in relation to a breach of this Agreement, any indirect or consequential loss (including loss of production, loss of profit,...

Precedents

In construction and engineering projects, the financial consequences of a breach of contract may be considerable. For example, if the work is defective or delayed the...

Practice Note

This Practice Note discusses the purpose and features of entire agreement clauses (also known as whole agreement clauses), primarily in the context of...

Practice Note

This Practice Note provides specific guidance on exclusions and limits of liability relevant to engineer, procure and construct (EPC) contracts. It should be read...

Practice Note

This Practice Note considers exclusion and limitation of liability in business-to-business (B2B) contracts. It provides guidance on the common law and statutory controls...

Practice Note

What is a global claim? In simple terms, a global claim is one where a contractor has suffered loss caused by two or more different events which are employer-risk events,...

Practice Note

A global claim (also known as a 'total cost', 'cumulative effect', 'composite' or 'rolled-up' claim) arises when a contractor seeks to claim for loss and expenses arising...

Practice Note

Limit of liability Financial cap 1 The Consultant's liability under or in connection with this Appointment shall not exceed a maximum amount of £[insert] million for each...

Precedents

Limitation period 1 [No action or proceedings for any breach of this Agreement shall be commenced against the [Consultant OR Contractor] after the expiry of six years...

Precedents

The Limitation Act 1980 (LA 1980) (as amended by the Latent Damage Act 1986 (LDA 1986)) governs the time limits for bringing different types of legal claims. If a claim...

Practice Note

This Practice Note provides specific guidance on exclusions and limits of liability relevant to consultant appointments. It should be read alongside Practice Note:...

Practice Note

This Practice Note provides guidance on limitation clauses and exclusion clauses (sometimes referred to as exemption or exception clauses) in construction contracts,...

Practice Note

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

Practice Note

This Practice Note sets out when and how parties can seek to limit or exclude liability for misrepresentations by reference to section 3 of the Misrepresentation Act 1967...

Practice Note

This Practice Note looks at some of the key considerations that may need to be taken into account when a party to a construction contract is formulating the quantum...

Practice Note

This Practice Note sets out some of the key and/or recent cases that deal with heads of losses which are commonly claimed in construction disputes, such as in defects...

Practice Note

This Practice Note considers the requirements for a successful global claim (also known as a 'total cost', 'cumulative effect', 'composite' or 'rolled-up' claim), which...

Practice Note
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