Tag: time risk

Copying Clauses on Concurrent Delay

If you understand the principles on concurrent delay then you might also be aware of the debate whether the contract should define concurrent delay and pass its risk to the contractor. In North Midland v Cyden, the parties amended the standard JCT contract to require: the contractor to make reasonable

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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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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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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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What Timescales Should I Include?

Copies of my new book How to Write Simple and Effective Consultant Appointments in Just 500 Words [read more] have been prompting contacts, clients and friends to actually sit down and review their existing contracts. Bill Evans from D2E said “I must say, it was easy and compelling reading. The

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Subcontractor Delays: Choose Your Weapon

What should be the contractor’s remedy when a subcontractor is running late? Under freedom to contract, the parties can decide their rights, remedies, obligations and liabilities – they are masters of their contractual fate. The choice is between recovering an uncertain amount provided you can prove breach and loss in

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