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On 1 September 2019, the Malaysian Limitation (Amendment) Act 2018 (“Act“) came into force, introducing, for the first time, a statutory limitation period regime for latent damages claims[1] – currently only applicable to negligence actions that do not involve personal injuries.[2] With the new Section 6A, the limitation period for non-personal injury negligence claims is … Read more
In Thio Keng Thay v Sandy Island Pte Ltd [2019] SGHC 175, the High Court of Singapore upheld a plaintiff’s common law right to recover damages for the cost of remedying defects, as this right had not been expressly excluded in the contract. This decision is consistent with the English law position, which allows an … Read more
London Construction partners, Nicholas Downing and James Doe, and professional support lawyers, Susannah Davis and Noe Minamikata, have authored the United Kingdom Correspondent’s Report for The International Construction Law Review Part 3 [2019]. Read more
Over the last 12 months, there have been a number of notable cases with significant implications for construction law and practice. As well as several adjudication cases, such as the widely discussed Grove Developments, which untangled the conflicting authorities around true value adjudications, there were a number of cases that considered fundamental issues of contract … 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
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
