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Searching Content indexed under Contracts and Commercial Law by Cathy Moore ordered by Published Date Descending.
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The Court Of Appeal Considers Milestone Payments In Construction Contracts And The Requirement For An Adequate Payment Mechanism
In July 2018, we reported on the first instance decision in CIMC MBS Ltd (formerly Verbus Systems Ltd) v Bennett (Construction) Ltd [2018] in which the Technology and Construction Court (TCC)
UK
12 Sep 2019
2
The Basics: What Is Set Off And When Does The Right To Set Off Arise?
In certain circumstances, if a claim is proven, the defendant will be able to offset monies that are due to it from the claimant - this is known as set off.
Canada
8 Aug 2019
3
Ensure Your Contracts Reflect Your Intention – Say What You Mean (And What Might Happen If You Don't)
The decision in Network Rail Infrastructure Ltd v ABC Electrification Ltd [2019] is a clear example of the courts' approach to contractual interpretation, focusing primarily on one clause of the contract.
UK
22 Jul 2019
4
Latest Court Of Appeal Decision On Practical Completion - Key Points
In 2018, we reported on the Technology and Construction Court judgment (TCC) in Mears Ltd v (1) Costplan Services (South East) Ltd (2) Plymouth (Notte Street) Ltd and (3) J.R. Pickstock Ltd
UK
17 Apr 2019
5
Termination And The Inapplicable Liquidated Damages Clause
Until the recent Court of Appeal judgment in Triple Point Technology Inc v PTT Public Company Ltd, the generally held view was that in delay cases where the contract works ...
UK
9 Apr 2019
6
Latest Payment Decision: Compliance With Immediate Payment Obligations Is (Almost Always) Required Before A True Value Adjudication
Following the important decisions in Grove last year, we review the latest judgment on payment and adjudications from the Technology and Construction Court (the TCC) in M Davenport Builders
UK
4 Mar 2019
7
Practical Completion: The Gift That Keeps On Giving - An Update On The Latest Case Law
The achievement or certification of practical completion has significant consequences under a building contract; which will usually include a release of part of the retention monies, the employer taking possession of the works and the start of the defects liability period.
UK
28 Dec 2018
8
When Can A Force Majeure Clause In A Contract Be Relied On?
In times of economic and/or political uncertainty, parties to construction contracts may consider whether they have a right to rely on force majeure provisions as a justification ...
UK
22 Aug 2018
9
The Basics: What Damages Can I Recover If I Prove My Claim In Contract?
It makes sense to be aware of what is potentially recoverable before incurring the significant costs of pursuing a claim.
UK
14 Aug 2018
10
Exclusion Clauses And The Reasonableness Test - What You Need To Know About The Latest Court Of Appeal Decisions
Pre-contract, exclusion clauses are often the subject of extensive debate, as commercially they are a key part of assessing and moderating risks. When disputes arise during performance ...
UK
13 Jul 2018
11
The Basics: What Are The Key Points On Contractual Interpretation?
In this article, we cover the basics of contractual interpretation, address common queries and explain what you can do to protect your position.
UK
14 Mar 2018
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