We recently spoke with Thomas Lazur of Keating Chambers on the “prevention principle”, covering topics including:
- The development of the prevention principle and the concept of “time at large”
- Are there signs of judicial questioning of the prevention principle?
- The high water mark of prevention principle appears to have passed. Does this open the door to a more comprehensive challenge to the scope of the prevention principle?
- Offshore construction contracts: a different context and a fear of time at large
The conversation can be listened to here.
We have also prepared an article assessing the extent to which the prevention principle remains a trite legal principle or whether, in reality, cracks have started to appear. In particular, we note the potential dichotomy of approach between traditional onshore construction contracts and offshore contracts and in the extent to which the principle is applied to the latter by the Commercial Court. We consider the development of the principle and its application to construction contracts and shipbuilding contracts.
The article can be read in full on our website here.