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Contract issues

Langstane Housing Association Ltd v Riverside Construction (Aberdeen) Ltd & Ors

Issue 107 - May 2009

Was the net contribution clause unfair, unreasonable or unduly onerous?

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Menolly Investments 3 Sarl & Anr v Cerep Sarl

Issue 106 - April 2009

Were the works practically complete?

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Diamond Build Ltd v Clapham Park Homes Ltd

Issue 98 - August 2008

Is it negligent practice not to make specific provision for liquidated damages in a contract?

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RTS Flexible Systems Ltd v Molkerei Alois Müller GmbH & Co KG (UK Productions)

Issue 96 - June 2008

Yet another example of the "perils of proceeding with work under a Letter of Intent". The decision at first instance was overturned by the CA - see issue 105 [4]. Both decisions were then over ruled by the Supreme Court - see issue 118 [5].

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Spiersbridge Property Developments Ltd v Muir Construction Ltd

Issue 94 - April 2008

Where a demand has been made under a Bond, and payment made in full, was the receiving party obliged to account for th3se sums received under that Bond?

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Links
[1] https://www.fenwickelliott.com/sites/default/files/Dispatch_issue_107.pdf [2] https://www.fenwickelliott.com/sites/default/files/Dispatch_issue_106.pdf [3] https://www.fenwickelliott.com/sites/default/files/Dispatch_issue_98.pdf [4] https://www.fenwickelliott.com/sites/default/files/Dispatch_issue_105.pdf [5] https://www.fenwickelliott.com/sites/default/files/Dispatch_issue_118.pdf [6] https://www.fenwickelliott.com/sites/default/files/docs/dispatch/Dispatch_issue_96.pdf [7] https://www.fenwickelliott.com/sites/default/files/docs/dispatch/Dispatch_issue_94.pdf [8] https://www.fenwickelliott.com/print/research-insight/newsletters/dispatch/contract-issues?page=33