London Construction partners, Nicholas Downing and David Nitek, have contributed a chapter in The International Comparative Legal Guide to: Construction & Engineering Law 2019, for which they are also contributing editors Read more
In Rubicon Vantage International PTE Ltd v Krisenergy Ltd [2019] EWHC 2012 (Comm), the court determined that the fact that a parent company, and not a financial institution, issued the guarantee was no reason to limit the terms of the guarantee. The wording of the guarantee was the key consideration when determining the scope of … Read more
The decision in (1) GPP Big Field LLP and (2) GPP Langstone LLP v Solar EPC Solutions SL (formerly known as Prosolia Siglio XXI) [2018] EWHC 2866 (Comm) has applied the Supreme Court’s recast penalties test from Makdessi1. The decision is one of the few construction cases that have applied Makdessi in determining whether liquidated … Read more
The Court of Appeal judgment in North Midland Building Limited v Cyden Homes Limited [2018] EWCA Civ 1744, which was handed down last week, firmly upholds the first instance decision (on which we provided a Legal Briefing in 2017); and confirms that the prevention principle is not an overriding rule of public or legal policy, … Read more
The Supreme Court has reversed the Court of Appeal’s decision in MT Højgaard AS v E.ON Climate and Renewables UK Robin Rigg East Ltd and another [2017] UKSC 59 on the basis that where there is a fitness for purpose obligation it should be given its natural meaning despite the fact that it is contained … Read more
The NEC Form of Contract is now in wide use. The first clause says that the parties “shall act as stated in this contract and in a spirit of mutual trust and co-operation”, often referred to as “good faith”. What this means in practice is a question of importance for the construction industry, both in … Read more
In SSE Generation Limited v Hochtief Solutions AG and another decided on 21st December 2016, the Court of Session in Scotland considered a contractor’s potential design liability under the NEC Form of Contract. It concluded that the contractor was not obliged to guarantee the performance of the works where Option M (X15) was adopted so … Read more
