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

FIDIC Yellow Book (Second Edition)

In updating its rainbow suite of contracts, FIDIC have revealed a pre-release of FIDIC Yellow Book, with the objective of it being officially published in late 2017. We take a look at the key changes. Read more

The limits of the duty of mutual trust and cooperation

The NEC Form of Contract is now in wide use. The first clause says that the parties “shall act as stated in this contract and in a spirit of mutual trust and co-operation”, often referred to as “good faith”. What this means in practice is a question of importance for the construction industry, both in … Read more

Extensions of time – the starting point

On 10 February 2017, the Court of Appeal released its decision in the case of Carillion Construction Limited v Emcor Engineering Services Limited and Anor [2017] EWCA Civ 65. This case concerns the situation in which a Relevant Event (a delay event) occurs after the contractual completion date. The Court of Appeal confirmed the Technology … 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