Month: July 2018

Can the contractor risk being late?

Concurrent delay is complex, controversial and rarely dealt with in contract conditions (even FIDIC leaves it to special conditions). But before you can begin to grasp the issues in a much-talked about recent case let’s review some basic principles: The prevention principle “The essence of the prevention principle is that

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The Dotted Line: Is your grade ‘could do better’?

As I have just a read school report packed with advice for my youngest son, I thought I’d provide some ‘targets for improvement’ so you can be more effective when dealing with contracts, agreements or sets of T&C. #TopTipsThursday Read the full edition here » Contracts, according to Ray Kroc

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Pay Now, Argue Later?

The classic smash and grab adjudication is where the employer fails to serve a payment or pay less notice against a contractors application for payment. It relies on s111(1) of the Construction Act 1996: Subject as follows, where a payment is provided for by a construction contract, the payer must

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Delay Damages: £1 or £1m per day?

Once you have realised the truth behind the pesky myths surrounding liquidated damages, you will need to consider what level of liquidated damages should go into your contracts. There are a number of options: If you state £nil, then the client cannot recover any of its losses for late completion

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The Dotted Line: Writing your own history

Just because something has always been done that way is not an excuse for continuing with contracts or contract processes that don’t work. To paraphrase Gareth Southgate (the England football manager) “you can write your own history.” Read the full edition here » You can use your freedom to contract

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Delay Damages: Busting the Myths

One of my favourite activities in contract workshops when we are reviewing time, is to ask whether the Wembley damages of £120,000 per day are a penalty or fully recoverable by the client (notwithstanding arguments about whether the contractor is entitled to an extension of time). Myths Invariably some of

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