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

    Warranted Trends in Design Standards

    Design-related obligations are at the core of any construction contract. Naturally, therefore, they tend to be the cause of much contention during negotiations. In this article, we consider significant recent developments concerning design-related obligations and their impact on the procurement of construction projects. Read more

    The Professional Indemnity Insurance Crisis: Not Just a Supply Chain Issue

    In March 2021, the Construction Leadership Council published its findings of a recent pan-industry survey of over 1,000 firms, which confirmed a widespread problem experienced by many construction and architecture firms in obtaining professional indemnity insurance (“PII”) cover.[1] The survey found that companies were being prevented from taking on projects, and even having to change … Read more

    English High Court holds that there should be no presumptions when construing clauses purporting to exclude or limit liability in the context of allegedly deliberate or repudiatory breach

    Mott MacDonald Ltd v Trant Engineering Ltd [2021] EWHC 754 (TCC) concerned an application for summary judgment by Mott MacDonald Ltd (“Mott”) on whether the fundamental, deliberate and wilful breaches of contract alleged by Trant Engineering Ltd (“Trant”) fell within scope of the clauses limiting and restricting Mott’s liability. Trant took the position that the counterclaim … Read more

    Africa Construction Law Week – Presentations and recordings now available

    HSF is proud to have supported the work of Africa Construction Law (ACL) by hosting and participating in the West Africa sub-regional session of the ACL’s inaugural virtual conference, Africa Construction Law Week. The virtual conference brought together experienced construction law professionals from across the continent (West, East, North, South, Francophone and Lusophone) to discuss … Read more

    Case Digest: TCC adjourns application for strike out/summary judgment in relation to combustible cladding class action leaving (among other things) the calculation of diminution in value for consideration at trial

    Elaine Naylor & Others v Roamquest Limited and Galliard Construction Limited [2021] EWHC 567 (TCC) concerned a class action brought by leaseholders of a mixed residential and commercial development against the developer/freeholder and contractor. In these proceedings, the Defendants applied to strike out (or for summary judgment to be granted in relation to) the Claimants’ claim … Read more

    Herbert Smith Freehills to participate in London International Disputes Week

    London International Disputes Week 2021 (LIDW21) comes at a significant period for the UK legal sector, in the wake of the Covid-19 pandemic, post-Brexit and amid an uncertain global political environment. With its theme: “Looking forward: change, challenge and opportunity”, LIDW21 will provide crucial insights on the business and law of international dispute resolution. The programme draws … Read more

    Construction Regulatory Regime – Indonesia

    In recent years, Indonesian construction law has gone through many changes and most recently, it has been impacted by the enactment of Omnibus Law which is one of the most significant regulatory reforms since Indonesia’s independence. In this article, we give a short description of the regulatory regime as it now applies to the construction … Read more