Loss and consequences

Article Abstract:

There is no clear meaning for the construction industry contractual term consequential losses. It is used when trying to limit contractual liability and can sometimes cause problems if used in the wrong context. A case between NEI Power Projects and British Sugar resulted in the court deciding consequential loss applied to over and above losses which occurred as natural and direct result of contract breach. Lawyers suggest avoid using the word consequential and define the provisions of loss and damage.

Analysis, Cases, Consequential damages, British Sugar Corporation Ltd., NEI Power Projects

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No staying power

Article Abstract:

Britain's newly implemented Arbitration Act of 1996 will cause many disagreeing parties to go on to arbitration tribunal that would otherwise have been settled in court. The act has stopped the courts from dealing with arbitration and may encourage some parties to avoid the inclusion of the arbitration clause. In many cases arbitration by tribunal is entirely appropriate, however.

Construction industry, Contracts

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Out of control

Article Abstract:

The increased use of arbitration of disputes in the construction industry from 1998 to 2000 is discussed. The development of a claims culture since the inception of arbitration under the Latham report is criticised.

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