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Category Archive: Construction Contracts


Interpreting Indirect and Consequential Loss Exclusion Clauses

May 4, 2020| Construction, Construction Contracts

Traditionally, the English courts have applied a very narrow interpretation to indirect loss and expense exclusion clauses. In the recent case of 2 Entertain Video Ltd (“2E”) v Sony DADC Europe Ltd (“Sony”), the TCC has considered whether a more … read more

COVID-19 – Construction Contract Providers JCT, NEC and FIDIC Publish User Guidance

April 23, 2020| Construction, Construction Contracts, COVID-19

Since the COVD-19 outbreak began, we at Hawkswell Kilvington have endeavoured to alleviate pressure on our clients by providing written updates in relation to the impact of COVID-19 on construction contracts, providing free webinars on issues we believe are key … read more


Ascertaining Damages under an ABI-Type Performance Guarantees

April 20, 2020| Construction Contracts, Damages

In the recent case of Yuanda (UK) Company Ltd v Multiplex Construction Europe Ltd and another, the TCC considered the operation of ABI-type performance guarantees and the requirements for making valid demands under such instruments. Background In July 2014, the … read more


Can Works be Omitted from a Construction Contract?

April 14, 2020| Construction, Construction Contracts

There is no common law right for an employer to omit work from a contractor’s scope of works, yet an “omissions clause” is a common feature of many construction contracts. In this bulletin, we consider the key principles underlying such … read more

Can an employer be liable for an employees’ data protection breach? Guidance from the UK Supreme Court

April 9, 2020| Construction, Construction Contracts, Data Protection Breach

Can an employer be held to be vicariously liable for unauthorised breaches of the Data Protection Act 1998 (the “DPA 1998”) committed by an employee? The UK Supreme Court sets the record straight in a case where Wm Morrison Supermarkets … read more