Sir Rupert Jackson sitting in the Court of Appeal had found that the liquidated damages clause providing for liquidated damages to be paid for each day of delay by the contractor “from the due date for delivery up to the date...more
Q2 2020 saw a tangible increase in the number of queries from clients asking about the enforceability of take or pay clauses common in supply agreements. Intermingled with questions around force majeure, the key issue appears...more
7/27/2020
/ Breach of Contract ,
Buyers ,
Contract Disputes ,
Contract Drafting ,
Contract Terms ,
Damages ,
Force Majeure Clause ,
Liquidated Damages ,
Suppliers ,
Supply Agreements ,
Supply Contracts ,
Take-or-Pay Contracts
In international construction arbitration, the use of liquidated damages to address the consequences of failure by a contractor to finish the works by the date set for completion is widespread. Typically, the contractor...more
• The Court of Appeal has held that a clause denying an extension of time to a Contractor if there is concurrent delay is enforceable and is not contrary to the so-called “prevention principle.”
• The Court of Appeal...more
9/14/2018
/ Appeals ,
Claim Procedures ,
Construction Contracts ,
Construction Disputes ,
Construction Industry ,
Construction Project ,
Contractors ,
International Arbitration ,
Land Owners ,
Liquidated Damages ,
No Damage For Delay ,
Property Owners ,
Time Extensions