In this Insight, first published in PLC, Kim Roberts, Katharine Tulloch and Corinna Whittle consider the key changes that parties may want to make to their construction contracts to take account of the new regulatory regime...more
While main contract suites offer standard dispute resolution clauses, these are often amended in practice. A recent case gives a warning of what happens when such bespoke provisions are not clear.
Originally published by...more
11/16/2023
/ Adjudicatory Process ,
Arbitration ,
Construction Contracts ,
Construction Industry ,
Contract Disputes ,
Contract Terms ,
Dispute Resolution ,
Form Documents ,
Forms ,
New Engineering Contracts (NEC Contracts) ,
Standard Form Contracts ,
Standard Forms ,
UK
A pair of cases in the past two years have come to opposite conclusions about whether general damages can be capped by contract provisions for liquidated damages.
Liquidated damages clauses are a common feature of...more
In Alphamix Ltd v The District Council of Riviére Du Rampart (Mauritius) [2023] UKPC 20, an appeal from the Supreme Court of Mauritius, the UK Privy Council has allowed the appeal and upheld the arbitrator’s award, where the...more