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A Court of Appeal decision from last Thursday confirms that to
be effective "pay-when-paid" clauses in construction
contracts need to be drafted to identify the specific types of
insolvency situation where the clause will operate. We consider in
two articles the implications of this case for construction
contracts
(Administration through an out of court method not caught by
"pay when paid" clause) (http://tinyurl.com/ylmfudl)
and for insolvency situations generally
(Keep your insolvency event clauses up to date)
(http://tinyurl.com/yg8sxkz).
This article was written for Law-Now, CMS Cameron
McKenna's free online information service. To register for
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Law-Now information is for general purposes and guidance
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articles are not necessarily comprehensive and do not purport to
give professional or legal advice. All Law-Now information relates
to circumstances prevailing at the date of its original publication
and may not have been updated to reflect subsequent
developments.
The original publication date for this article was
22/03/2010.
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n the English decision in West -v- Ian Finlay & Associates, the Court considered if a net contribution clause could offer any protection or limitation of liability to an architect who faced claims in relation to damages allegedly caused by a main contractor.
In the case of Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc, [2013] EWHC 1322 (TCC), Mr Justice Akenhead, had to consider when, bearing in mind limitation issues, a party which is dissatisfied with the substance of an adjudicator’s decision needs to issue proceedings and seek to challenge and overturn that decision.
"Atkins Ltd v Secretary of State for Transport", a recent TCC case, gave guidance on the grounds for a "serious irregularity" challenge under section 68 of the Arbitration Act 1996.
In an increasingly challenging market, ensuring that a property is "ready for sale" has become crucial to the successful completion of transactions, helping to save clients time and money.
As the UAE matures beyond 'emerging market' status, preservation of the natural environment is becoming an increasing priority for almost every governmental and quasi-governmental authority.
Government amendments to the permitted development regime came into force today with some significant changes to how buildings can be used and the extent to which homeowners can extend their properties without requiring planning permission.
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