What can they get you on?

Article Abstract:

Courts will make a very strict interpretation of clauses in construction contracts that superficially attempt to relieve a party in breach of contract from liability. As indicated by the case of Deepak Fertilisers and Petrochemical Corp vs Davy McKee and ICI Chemicals and Polymers, a clause under which the employer indemnifies the contractor from all liabilities for loss or damage does not necessarily give the contractor an indemnity against the repercussions of its own breach of contract. Great care must be taken with contract clauses seeking to limit or exclude liability.

Interpretation and construction, Column

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Litigate or arbitrate?

Article Abstract:

Arbitration practices in the UK are set to change considerable under the influence of the Arbitration Act 1996, which came into effect on Jan 31, 1997. The new legislation retains for domestic arbitrations the discretion of the court to stay any court action to allow a party who wishes to arbitrate to do so. However, the court will no longer have the discretion to allow proceedings to continue. It will therefore no longer be possible for employers or contractors to sue two or more parties.

Laws, regulations and rules, Arbitration (Administrative law), Administrative arbitration

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Minding your Ps and QSs

Article Abstract:

A recent ruling by the House of Lords has special ramifications for quantity surveyors and their insurers. In the case South Australia Asset Management Corporation versus York Montague, the court ruled that damages resulting from negligent advice should be limited. However, the Court of Appeal overturned the decision, and was, in turn, overruled by the House of Lords. Details of the case and its consequences for quantity surveyors are presented.

Cases, Practice, Surveyors

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