News Banner

News

You can find our latest news articles below.

International Construction Projects - ensuring your international investment is worthwhile

If you ever visit a new place, you will want to ensure you are well prepared.  This may include rote learning how to say ‘hello’ in the local language, taking plenty of suncream and looking up the best local bar and/or restaurant for a truly...

2023 Dales' 50 Cycling Event

Join us for a 2nd year running!  On the 19th May 2023, we invite you to join us for our annual Dales' 50 cycling event.  In association with Mind in Bradford , North Bar , Gordian Financial Services and Chevin Cycles , we hope to...

How NOT to use an NEC contract

The NEC form of contracts are widely used in the UK and internationally; for example in Hong Kong. Whilst a lot of attention and guidance has been given/produced as to “how to use NEC contract”, there are very few examples of guidance and tips as...

Case Law Updates - January 2023

Sartex Quilts & Textiles Limited v Endurance Corporate Capital Limited [2019] EWHC 1103 (Comm) Facts Claimant, Sartex Quilts & Textiles Limited ("Sartex"), sought damages and other relief arising out of a...

Use of time bar - in other words "giving notices on time" under construction contracts.

Both NEC and FIDIC contracts expressly state that notice of a claim is a “condition precedent”. The 2017 suite is very prescriptive and now contains a number of other detailed processes and procedures that set out exactly what is expected of...

Case Law Updates - December 2022

Darya Belsner v CAM Legal Services Limited [2022] EWCA Civ 1387 Case and background information The court determined whether the  Solicitors Act 1974 s.74(3)  and  CPR r.46.9(2)  applied to claims brought through the RTA portal...

African Procurement and infrastructure investment

The OECD, in its paper Quality Infrastructure in 21st Century Africa [1] , stated that Africa’s infrastructure is still behind other continents.  However, a lot of money is being invested into improving the infrastructure of Africa.  The same...

Services/Operations Deductions and the Penalty Rule in the operation of long-term contracts

Clawbacks and deductions: computation v. compensation Clawbacks or deductions are part of a complex pricing mechanism. That raises a very interesting question about the way that those computations play in relation to the rule against penalties. The rule...

Dispute Resolution provisions within a contract

No one who does business under a contract with another person wants to end up in a dispute with that other person.  Indeed, most contracting parties are able to transact between each other without getting into a dispute (allowing these transactions to...

Negotiation and Good Faith in construction projects

Good faith is increasingly an express provision in project contracts, requiring parties to deal with each other in good faith, and to discuss/negotiate in good faith in certain specific situations. Therefore, when you are drafting the contract, be very...

What Parties to Long-Term Project contracts need to know about disputes (and avoiding them)

Parties to a construction project can face different type of disputes and below are some key examples: Non-payment – this can relate to pay less or payment notices etc; Extension of time – this can relate to service of appropriate notices...

Autumn 2022 International Conferences

Over the last two months, Bill Barton visited three countries for construction and property conferences/seminars. Below, he shares his experience from each trip alongside some pictures of the events.  Seoul – Korea In early...

What are the key differences between "ordinary" construction contacts and "long-term project" arrangements?

Here is a list: The obvious one – it’s in the title! Duration . The construction of the physical facility is just the starting point. Perhaps the contract envisages long-term operation – typically 20-25 years. Parties have to “live...

November - You're invited to the book launch of 'FIDIC Contracts in Europe'

On 17 th November 2022 at 11am, we are holding a book launch for ‘FIDIC Contracts in Europe, A Practical Guide to Application’ at the International Dispute Resolution Centre in London. The book offers practical advice on applying FIDIC...

Consequential loss clauses in contracts and how to utilise them

Consequential loss, which is also known as indirect loss, is any loss which may arise from the specific context of the case (e.g., if a part within a machine is not delivered on time and the company which owns the machine claims it cannot operate its whole...

How to terminate a construction contract - FIDIC vs JCT vs NEC4

Each of these contracts provides specific reasons for termination, including: Insolvency/liquidation/bankruptcy; Default by the other party; and Corruption. Termination Notice: Once you have made out your ground for termination you must...

What forms of contract are commonly used for UK/overseas long-term projects?

For the construction phase: Typically, large infrastructure projects have been procured under an EPC/Turnkey contract for a lump sum price, where the Contractor takes single responsibility for the design, construction, timely completion and cost of the...

Avoiding Termination - is it possible?

Sometimes a long-term contract cannot be terminated, even where there are good reasons for doing so. This is because termination may not offer the best value for money. So, if you cannot afford termination, what else can you do to better your position? ...

Payments: Contracts and Cases

Key Problems Faced with Payment Clauses in Construction Contracts: Lack of contractual hygiene – often there is a lack of clarity about the deal entered into. Sometimes parties start out with a Memorandum of Understanding or a Letter of Intent,...

Case Law Updates - September 2022

NEC Another Secondary Option – X29 – Climate Change With the increased concerns surrounding climate change, NEC has introduced a new secondary option, X29 for inclusion in NEC4 contracts. Option X29 has been introduced to reduce the impact of...
  • Page 1 of 5