Contract Matters
Look Back in Anger
Collateral warranties provided retrospectively may qualify as “construction contracts.” The Court of Appeal in Abbey Healthcare (Mill Hill) Ltd. v. Simply Construct (UK) LLP [2022] has clarified that subject to...
Entitlement to Liquidated Damages Lost After Alleged Verbal Agreement
Assessing the importance of documenting phone calls related to business In the case of Mansion Place Limited v. Fox Industrial Services Ltd. [2021], the Technology and Construction Court (TCC) considered...
Terms & Conditions: Formation, Incorporation and Validity
Terms & Conditions: Formation, Incorporation and Validity Transparent negotiations and particularly onerous terms by Thomas Salter In Blu-Sky Solutions Ltd. v. Be Caring Ltd. [2021], the Commercial Court considered contract...
Excluding Liability for Deliberate Breach
Is special wording required? In the recent case of Mott Macdonald Ltd. v. Trant Engineering Ltd., the Technology and Construction Court (TCC) considered whether an exclusion clause required exceptional wording...
Contract Interpretation and Repudiatory Breach
In the recent case of Optimus Build Ltd. v. Southall & McManus, the Technology and Construction Court (TCC) considered a dispute in which the contractor believed the contract was a...
Letters of Intent and Incorporation of Standard Form Contracts
In the case of OD Developments v Oak Dry Lining Ltd, the TCC considered the operation and effect of a letter of intent (“LOI”) in the context of whether a...
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