Owner’s termination of oral contract falls away in absence of a repudiatory breach

Significant construction projects often have contracts running to thousands of pages, yet still there is room for the parties to argue that other promises have been made orally, often in meetings on site. Important lessons concerning oral agreements can be learned from smaller construction projects where parties will sometimes agree all of the terms orally … Read more

A cautionary tale on sub-optimal termination

The termination of a contract is a serious matter that can arise all too commonly in the construction industry. It is an area fraught with risk and the consequences for wrongfully terminating a contract – even where you think you have the right to do so – can be severe as an employer learned in … Read more

Managing Contractor Insolvency: Part 2 – legal, commercial and other practical considerations for mitigating the impact of contractor insolvency

This is part 2 of our 3-part blog series. In part 1, we discussed the key signs and implications of contractor insolvency, as well as the further consequences of insolvency involving a joint venture contractor. In this part 2, we discuss the legal, commercial and other practical considerations for mitigating the impact of contractor insolvency.  … Read more

Understanding the Impact of the Triple Point Case on Construction Contracts

The recent decision in the Court of Appeal case of Triple Point Technology, Inc. v PTT Public Company Ltd [2019] EWCA Civ 230 challenges certain assumptions typically made in relation to liquidated damages clauses, and is of considerable relevance to the construction industry. The decision related to the interpretation of a liquidated damages clause for … Read more

Construction Contract & Claims Management Podcast Series: Pitfalls of Suspending or Terminating a Construction Contract

What are the potential pitfalls of suspending or terminating a construction contract? The London Construction & Infrastructure Group are pleased to share the latest episode in our ‘Construction Contract & Claims Management’ podcast series which explores the legal and practical issues arising from the suspension or termination of construction contracts. This episode can be found … Read more