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Contract issues

Atkins Ltd v Secretary of State for Transport

Issue 153 - March 2013

What was the scope of a compensation event under the NEC3 form?

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Aviva Insurance Ltd v Hackney Empire Ltd

Issue 151 - January 2013

Did the bondsman remain liable under a bond, despite the fact that the employer paid the contractor additional sums which were not due under the contract?

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Guoyu Logistics Group Co Ltd and Anr v Emporiki Bank of Greece SA

Issue 150 - December 2012

Was the payment guarantee really a guarantee or was it an “on demand bond”? See also Issue 164 [5].

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Wuhan Guoyu Logistics Group Co Ltd and Anr v Emporiki Bank of Greece SA

Issue 145 - July 2012

Was the payment guarantee a performance bond in disguise? Decision overturned on appeal. See Issue 149 [7].

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Charles Shaker v Vistajet Group Holding SA

Issue 145 - July 2012

Can you have an agreement to negotiate in good faith?

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Links
[1] https://www.fenwickelliott.com/research-insight/newsletters/dispatch/archive/atkins-secretary-state-transport [2] https://www.fenwickelliott.com/sites/default/files/dispatch_issue_153.pdf [3] https://www.fenwickelliott.com/research-insight/newsletters/dispatch/archive/aviva-insurance-hackney-empire [4] https://www.fenwickelliott.com/sites/default/files/dispatch_issue_151.pdf [5] https://www.fenwickelliott.com/sites/default/files/dispatch_issue_164.pdf [6] https://www.fenwickelliott.com/sites/default/files/dispatch_issue_150.pdf [7] https://www.fenwickelliott.com/sites/default/files/dispatch_issue_149.pdf [8] https://www.fenwickelliott.com/sites/default/files/dispatch_issue_145.pdf [9] https://www.fenwickelliott.com/print/research-insight/newsletters/dispatch/contract-issues?page=28