The unintended consequences of insurance

On 10 May 2017, the UK’s Supreme Court gave a decision by the closest of margins (3 to 2) which will have significant implications for construction projects where the parties have agreed a common approach to insurance. The Court held that, even where one party is in breach of a clear warranty, if the parties … Read more

Design liability under the NEC form of contract

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