Issue 42 - December 2003
The Court of Appeal had to consider whether the FIDIC terms applied to a contract between the parties and whether a valid claim had been made under clause 17. This was a significant point since, if the terms applied and a valid claim had been made, any liability would be subject to a cap.
Issue 39 - September 2003
This Court of Appeal case arose out of the collapse of a tower crane at Canary Wharf. The Court considered which of the parties under a contract for the hire of plant was responsible for the loss and damage.
Issue 38 - August 2003
This is a rare case which discusses whether a party is entitled to suspend work where it has not been paid sums which were due. The judge held that this could, on occasion, amount to conduct which amounts to a breach of conduct on the part of the employer.
Issue 38 - August 2003
The case revolved around the question: "When did the deed of warranty come into effect?" Was it the date the deed was signed or the day following the date of issue of the certificate of practical completion?
Issue 37 - July 2003
This case discusses whether a project manager had authority to enter into an agreement that Hurst accepted payment in full and final settlement of all claims arising out of or in connection with the trade contract works. It also examines the question of whether reference to this settlement could be deleted on the basis that there was a unilateral mistake.
Links
[1] https://www.fenwickelliott.com/sites/default/files/docs/dispatch/Dispatch_issue_42.pdf
[2] https://www.fenwickelliott.com/sites/default/files/docs/dispatch/Dispatch_issue_39.pdf
[3] https://www.fenwickelliott.com/sites/default/files/docs/dispatch/Dispatch_issue_38.pdf
[4] https://www.fenwickelliott.com/sites/default/files/docs/dispatch/Dispatch_issue_37.pdf
[5] https://www.fenwickelliott.com/print/research-insight/newsletters/dispatch/contract-issues?page=42
Click to download PDF