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Contract issues

City Inn Ltd v Shepherd Construction Ltd

Issue 35 - May 2003

The Scottish Court of Appeal had to consider whether the notice requirements of an amended version of clause 13.8.1 of the JCT 1980 Standard Form (Private With Quantities) contract amounted to a condition precedent to an entitlement to an extension of time.

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Attorney General for the Falkland Islands v Gordon Forbes Construction (Falklands)

Issue 34 - April 2003

Acting Judge Saunders considered what was meant by "contemporary records" in clause 53.4 of the 1997 FIDIC fourth edition contract. Was this restricted merely to original documents or did the definition extend to witness statements produced after the event?

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[1] https://www.fenwickelliott.com/sites/default/files/docs/dispatch/Dispatch_issue_35.pdf [2] https://www.fenwickelliott.com/sites/default/files/docs/dispatch/Dispatch_issue_34.pdf