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Legal terms explained: No loss arguments

Generally, damages for breach of contract are intended to compensate the claimant for the damage, loss or injury suffered. However, a defendant may seek to argue that the claimant has suffered no loss as a result of the defendant’s breach of contract, or is not the party who has suffered the loss claimed. Such arguments are often referred to as ‘no loss arguments’ and, where they succeed, the claimant cannot typically recover more than nominal damages.

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New contracts and procurement routes needed

Guest editor Richard Bayfield, Project Director, Gradel Quad Development at New College Oxford & Member of Project Board, Lambeth Palace Library asks what lessons need to be learned in the face of the growing tide of criticism of UK construction. Fresh thinking on procurement, risk and contract forms is urgently needed, he argues.

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Reports from the courts: November 2018

Our regular round up of key cases from the courts comes from Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP, focussing on an appeal court decision with implications for extensions of time; and a Northern Ireland court ruling on a dispute concerning a net contribution clause.

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New laws force contract changes

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, scrutinises the JCT Design and Build Contract which has been popular since its 1981 introduction. Although flexible, it is not suitable where the Contractor is only to provide a design for part of the works, he warns.

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Construction Law Guide to: CDM Regulations

In our latest Guide to construction law topics from DLA Piper, Rachel Chaplin explains how the regulatory regime of the CDM Regulations works.

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The FIDIC Silver Book: just a starting point

Cecily Davis of Fieldfisher analyses the 2017 FIDIC Silver Book, the most used contract internationally for major infrastructure projects, asking whether the strong recommendation that its risk/reward balance between parties should not be changed is being observed. 

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Making a contract – does it do what it says on the tin?

Kwadwo Sarkodie of Mayer Brown International warns that knowing the devil is in the small print is no help if the contract is signed without being read at all. Also be careful that the contract covers what you think it does, he warns.

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Can a company in liquidation go to adjudication?

Vijay Bange and Manpreet Kandola of Trowers & Hamlins see a resurgence in adjudication in the face of the rising costs of litigation and arbitration, against a background of growing insolvency worries. Can companies in liquidation use adjudication to pursue claims, they ask?

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Appeal court upholds privilege

Gurbinder Grewal and Natalia Fludra of Dentons UK and Middle East LLP examine the implications of a recent appeal court ruling that clarifies the scope of legal professional privilege.

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Design clauses – draft with care

Insurance expert John D Wright of JD Risk Associates warns that care needs to be taken with drafting design clauses in insurance contracts. Insurers themselves have fallen victim to sloppy policy drafting.

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