Introduction
In all high value and complex projects, there is inevitably a risk that a contractor will be unable to complete the project on budget and/or on time and that the resulting delays and losses are significant, sometimes amounting to many times the initial contract value. In the UK, large scale infrastructure projects have all too often wildly exceeded time scales and budgets.
Given the commercial risks, it is no surprise that standard form contracts such as FIDIC, ACE and RIBA all contain limitation clauses which seek to place a cap on total legal liability. Despite the high level of litigation in construction projects, it is surprising that relatively few disputes have led to case law examining the interpretation and enforceability of limitation clauses....
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