Damages and exclusions

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Oversail licencesWhy have an oversail licence on a construction project?Under English law, the freehold owner of land will usually own the air space...
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19th May
Practice notes
SBCC (Scottish Building Contract Committee) standard forms of contractThis Practice Note looks at the SBCC (Scottish Building Contract Committee)...
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Practice notes
Loss and expenseClaims by contractors for loss and expense arising from a disturbance to progress of the works are one of the most debated and...
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Practice notes
Net contribution clauses in construction contractsThis Practice Note examines net contribution clauses (sometimes known as proportional or...
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Practice notes
FIDIC contracts—introduction to the Red Book 2017In December 2017, FIDIC launched the second editions of the Red, Yellow and Silver Book. This...
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Produced in partnership with Victoria Tyson of Corbett & Co 19th May
Q&As
What is the relevance of the Base Date in the JCT Design and Build Contract?The Base Date is relevant in respect of a number of clauses in the JCT...
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Practice notes
Interim payments in construction contractsThis Practice Note provides an overview of what interim payments are, how the right to be paid (usually by...
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Practice notes
MF/1 Rev 6 (2014)Originally called 'Model Form A', 'MF/1' comprises Conditions of Contract for the design, supply and installation of electrical,...
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Produced in partnership with Penningtons Manches and Sarah Fox 19th May
Practice notes
Time at large in construction contractsThis Practice Note examines the concept of ‘time at large’ in relation to the completion of works under a...
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19th May
Practice notes
Sectional completionWhat is sectional completion?Where the construction contract splits the works into sections or parts, usually to be started at...
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19th May
Practice notes
Early use and partial possessionTaking occupation before practical completionThe default position in most building contracts is that the contractor is...
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19th May
Practice notes
NEC Professional Service ContractThe NEC Professional Service Contract (PSC) is a long form consultant appointment published as part of the NEC suite...
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Practice notes
The Scheme for Construction Contracts This Practice Note looks at the Scheme for Construction Contracts, as contained in:•the schedule to the Scheme...
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19th May
Practice notes
Extensions of time under construction contractsThis Practice Note examines the circumstances in which a construction contract might entitle a...
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19th May
Practice notes
The prevention principleThis Practice Note considers the meaning and nature of the prevention principle and its relevance to delay claims in...
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Produced in partnership with Tim James Seal 19th May
Practice notes
Duty to warnThis Practice Note examines the extent to which contractors, sub-contractors and consultants have a duty to warn their employer of...
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Most recent Damages and exclusions content

Q&As
Should a consultant accept a clause indemnifying the employer for any breach of the appointment?Most standard form consultant appointments and...
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31st Jul
Q&As
Is it possible to claim for direct losses for delay in addition to liquidated damages where the contract does not state that liquidated damages are...
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31st Jul
Q&As
What is the employer’s right to reject defective work, get the work remedied by another contractor and recover the costs of doing so as damages from...
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31st Jul
Q&As
Is there any case law or guidance on claiming damages (including loss of profit) in a defects claim where the parties are using an NEC contract?When...
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31st Jul
Q&As
What is the meaning of ‘direct loss and/or expense’ in the JCT contracts?The JCT contracts use the phrase ‘direct loss and/or expense’ in various...
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31st Jul
Q&As
Should there be a LADs clause in a sub-contract?It is rare to have a liquidated and ascertained damages (LADs) provision for late completion of the...
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31st Jul
Q&As
What is the limitation time in respect of a guarantor’s obligations under a personal guarantee when the principal borrower has defaulted?When a...
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31st Jul
Q&As
What do gross negligence, wilful misconduct and deliberate default mean in commercial law?The parties to commercial contracts sometimes agree that...
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31st Jul
Q&As
Can a party rely on the terms of contract ie limitation on liability, where that party has breached them terms of the contract which the other party...
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31st Jul
Q&As
Can a contractual indemnity be limited to cover direct losses only, or must it cover all losses regardless of the remoteness of the loss?An indemnity...
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31st Jul
Q&As
In an indemnity, what is the effect of ‘keep indemnified’ and ‘on a continuing basis’?An indemnity is an agreement by one party to bear the cost of...
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31st Jul
Q&As
Is a liquidated damages clause enforceable if it is triggered but there is no actual loss suffered?Liquidated damages clausesA liquidated damages...
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31st Jul
Practice notes
Limitations and exclusions of liability—consultant appointmentsThis Practice Note provides specific guidance on exclusions and limits of liability...
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30th Jul
Practice notes
Global claimsWhat 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...
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30th Jul
Practice notes
EPC contracts—limits of liabilityThis Practice Note provides specific guidance on exclusions and limits of liability relevant to engineer, procure and...
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Produced in partnership with Clyde & Co 30th Jul
Practice notes
What is required for a global claim to succeed?This Practice Note considers the requirements for a successful global claim (also known as a 'total...
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30th Jul
Practice notes
Consequential loss in construction projectsIn construction and engineering projects, the financial consequences of a breach of contract may be...
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30th Jul
Practice notes
Quantum in construction disputes—key casesThis Practice Note sets out some of the key and/or recent cases that deal with heads of losses which are...
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30th Jul
Practice notes
How to defend against a global claimA global claim (also known as a 'total cost', 'cumulative effect', 'composite' or 'rolled-up' claim) arises when a...
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30th Jul

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