Damages and exclusions

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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
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
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 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
Produced in association with 4 Pump CourtPrinciples of natural justiceIf an adjudicator breaches the rules of natural justice during the adjudication...
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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
Scott Schedules are often very useful in construction disputes. They help to identify the key issues between the parties, and to set out for the judge...
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Produced in partnership with James Bowling of 4 Pump Court 12th Jan
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
Produced in association with 4 Pump CourtParties to a 'construction contract' have the right to refer any dispute that has crystallised to...
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9th Nov
Practice notes
This Practice Note considers the status of the programme in a construction contract, what difference it makes if the programme is a contract document...
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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 exclusions content

Practice notes
This Practice Note considers the requirements for a successful global claim (also known as a 'total cost', 'cumulative effect', 'composite' or...
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8th Apr
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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8th Apr
Practice notes
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...
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8th Apr
Practice notes
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,...
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8th Apr
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
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...
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8th Apr
Practice notes
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...
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8th Apr
Practice notes
This Practice Note discusses the purpose and features of entire agreement clauses (also known as whole agreement clauses), primarily in the context of...
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8th Apr
Q&As
When a limitation period starts to run, and for how long, in the case of a claim under a guarantee, will depend on how the guarantee is executed and...
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8th Apr
Practice notes
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...
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8th Apr
Practice notes
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...
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31st Mar
Practice notes
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...
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31st Mar
Practice notes
In construction and engineering projects, the financial consequences of a breach of contract may be considerable. For example, if the work is...
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23rd Mar
Practice notes
This Practice Note considers exclusion and limitation of liability in business-to-business (B2B) contracts. It provides guidance on the common law and...
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11th Mar
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
Practice notes
This Practice Note provides specific guidance on exclusions and limits of liability relevant to engineer, procure and construct (EPC) contracts. It...
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Produced in partnership with Clyde & Co 26th Feb
Q&As
The JCT contracts use the phrase ‘direct loss and/or expense’ in various clauses—see for example clause 4.19 of the Design and Build Contract 2016,...
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15th Feb
Q&As
Liability can be excluded or limited. If a term purports to limit liability, although less likely to be unenforceable (see Ailsa Craig Fishing v...
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15th Feb
Q&As
Liquidated damages clausesA liquidated damages clause in a contract provides that a pre-determined sum shall be paid by one party to the other for a...
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15th Feb
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

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