Contractors' extension of time (EOT) entitlements and associated financial rights are always to be assessed pursuant to the applicable contract mechanism. A recurring question is whether EOT entitlements are to be determined...more
Does a liquidated damages clause which has been found to be void and / or unenforceable nevertheless operate to limit a contractor's liability for general damages for delay? This issue was decided in two recent cases – one...more
Can a valid claim notice issued, on time, referring to one contractual basis, be relied upon where a claim is ultimately pursued on a different ground? In the first authoritative case to consider this issue, the Hong Kong...more
Security in the form of bonds and/or guarantees is commonly given in contracts for the building or conversion of vessels to floating production storage and offloading ("FPSO") or floating storage and offloading ("FSO")...more
Witness conferencing, a process whereby two or more witnesses give evidence simultaneously, is increasingly popular in international arbitration. Despite this, there has until now been very little practical guidance on the...more
Practical completion represents the physical completion of works on construction projects. Despite its importance, it is not a legal term of art, and whether or not practical completion has been achieved requires...more
4/6/2019
/ Appeals ,
Breach of Contract ,
Certification Requirements ,
Construction Contracts ,
Construction Project ,
Contract Terms ,
Contractors ,
Dismissals ,
Landlords ,
Material Defects ,
Practical Completion ,
Property Owners ,
Student Housing ,
Tenants ,
UK
A "global" or "total cost" claim is one in which the damages calculation is derived from the total cost of the work incurred by a contractor, minus the bid amount. Such claims are increasingly used by contractors where...more
3/28/2019
/ Amended Complaints ,
Burden of Proof ,
Construction Contracts ,
Contract Terms ,
Damages ,
General Contractors ,
Lack of Specificity ,
Modification ,
Motion To Strike ,
Pleading Standards ,
Supreme Court of Western Australia ,
Total Cost Claims