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Category Archive: Dispute Resolution

Construction

Can a Party Set-Off Against an Adjudicator’s Decision?

July 18, 2018| Construction, Construction Contracts, Dispute Resolution, Engineering, Payment

Disputes regarding set-off against an adjudicator’s award are rare in enforcement proceedings. However, in the recent case of MI Electrical Solutions Limited (“MI”) v Elements (Europe) Limited (“Elements”) the court considered this very point. The decision highlights the difficulties which … read more

construction

Interpreting Contracts: The Need for Clear Words

July 10, 2018| Construction, Construction Contracts, Dispute Resolution, Engineering

The principles governing the interpretation of contracts have been the subject of several recent cases in the Supreme Court and whilst those principles may now be settled it is clear that the application of them is far from simple. In … read more

Exclusion Clauses: Incorporation and Reasonableness

July 3, 2018| Construction, Construction Contracts, Dispute Resolution, Engineering

In our article in May 2017 we considered the case of Goodlife Foods Limited (“Goodlife”) v Hall Fire Protection Limited (“Hall”) which concerned a widely drafted exclusion clause. In a unanimous decision, the Court of Appeal has now upheld that … read more

Construction

Reviewing Assessments under NEC3

June 25, 2018| Construction, Construction Contracts, Dispute Resolution, Engineering, NEC3 Contracts

In the sixth first instance decision in the long-running dispute of Imperial Chemical Industries Limited (“ICI”) v Merit Merrell Technology Limited (“MMT”) the court assessed the quantum disputes between the parties. In an extensive judgment, the court considered a wide … read more

construction

Contractor’s Liability for Design

June 12, 2018| Construction, Construction Contracts, Dispute Resolution, Engineering

Contractor’s Liability for Design In SSE Generation Ltd (“SSE”) v Hochtief Solutions AG (“Hochtief”) the Inner House of the Court of Session in Scotland considered the liability arising out of the collapse of a tunnel at a hydro-electric scheme. Although … read more