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Nicholas Gould explores how force majeure and other issues interact under FIDIC-based contracts amid war and hostilities, and provides practical guidance for preserving entitlements in volatile conditions.
In August 2024, the Court of Appeal handed down its judgment in which it held that a contractor was entitled to terminate its employment based on just two late payments, each of which was rectified within 14 days. In our blog at the time, we explained how the decision was a stark warning to employers, with the Court of Appeal itself noting how the decision left them on thin ice in respect of late payments. However, the Supreme Court has now overturned the Court of Appeal’s decision and restored the leeway afforded to employers under the JCT contract.
Nicholas Gould considers the impact that tariff regimes and project suspensions are having for international contractors and employers using the FIDIC form of contract.
Philip Hancock takes a closer look at the facts behind a recent Privy Council ruling which provided guidance on interpreting standard terms in FIDIC contracts.
The insolvency of ISG was a sharp reminder that contractors and subcontractors need to be paid – and paid on time. Late payment is common whether the employer cannot, or will not, release the cash. Lucinda Robinson asks: what can a contractor do if it is not paid on time?
Paul Smylie reports on the Court of Appeals decision in Providence Building Services Ltd v Hexagon Housing Association Ltd [2024] EWCA Civ 962, which held that the Contractor was entitled to terminate its employment based on just two late payments, each of which was rectified within 14 days.
Jeremy Glover reviews the recent court guidance from the UK about termination and from South Africa about suspension under the FIDIC Form.
The suspension or termination of a construction contract is a serious step. Stating the obvious, the safest, indeed, the only course of action for the employer or contractor is to carefully follow the terms of the contract in question.
Shahed Ahmed looks at key provisions of the new Civil Transactions Law for the Kingdom of Saudi Arabia. This Civil Code codifies, for the first time, a law that governs civil and commercial transactions in KSA.
Laura Bowler considers the recent decision of Energy Works (Hull) Ltd v MW High Tech Projects UK Ltd and others [2022] EWHC 3275 (TCC).
One of the biggest cases of 2021 was the Triple Point decision about liquidated damages in the Supreme Court. Karen Gidwani explains what you need to know.
There has always been an uneasy interaction between the payment provisions in the Construction Act and the need for parties to a construction contract to invoice one another. As Martin Ewen explains, a new Technology and Construction Court case heard earlier this year has closed a frequently used contractual “workaround” and made both clients and contractors look again at their standard terms.