As readers will be aware, there has been a trend in recent years towards more collaborative methods of contracting in the construction and engineering industry. Alliance contracting is one method that has been gaining momentum. In this post, we will look at the way in which the NEC4 Alliance Contract (“ALC“) ensures collaboration through its … Read more
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 Lucas Earthmovers Pty Limited v Anglogold Ashanti Australia Limited [2019] FCA 1049, the Federal Court of Australia considered several issues that typically arise in large-scale resources projects. In so doing, it reinforced the sanctity of the agreed bargain between the parties and highlighted the inherent difficulties in proving the oft-claimed, but rarely successful, misleading … Read more
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
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
