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Aktuelle eAlerts

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  29.11.2023

  United Kingdom

  Do generally worded exclusion clauses cover repudiatory breaches?

  A recent decision of the Technology and Construction Court has decided that a broadly worded exclusion clause was sufficient to exclude liability for deliberate repudiatory breaches of contract. In reaching its decision, the Court considered conflicting caselaw as to the need for explicit language to exclude such serious breaches of contract. The Claimant has applied for permission to appeal, potentially allowing the Court of Appeal to provide clarity in this important area of the law.  An interpretive presumption against repudiatory breaches?The leading authorities on exclusion and limitation...

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  22.11.2023

  Tschechien

  New Czech Legislation Limits Development of Agricultural Land

  The Czech Republic is introducing changes to environmental legislation that will make the development on agricultural land harder. The legislation, which is currently pending parliamentary approval, will impose a ban on developing retail and warehousing projects, as well as most photovoltaic power plants, on high-quality agricultural land (Classes I and II), larger than one hectare. It will also increase the fees for removing any agricultural land from the Agricultural Land Fund (ALF), which is a prerequisite for development. These changes will have implications for developers, investors and landowners...

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  16.11.2023

  United Kingdom

  The misuse of “without prejudice” material in adjudication proceedings

  A recent TCC decision appears to be the first time enforcement of an adjudication decision has been refused due to the misuse of “without prejudice” material. Given the informal and fast-paced nature of adjudication, the wrongful introduction of "without prejudice" material is not uncommon. This case provides a helpful warning for parties to think twice before deploying such material, lest their opponents be given a potentially decisive reason to for resisting enforcement.AZ v BYThis case arose from works to replace stair core pressurisation systems to a building. AZ brought TCC proceedings...

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  10.11.2023

  United Kingdom

  Do te­le­com­mu­ni­ca­ti­ons systems fall within the Construction Act?

  A recent TCC decision has considered the extent to which work on domestic telecommunications systems fall within the scope of the Housing Grants, Construction and Regeneration Act 1996 (as amended) (the “Construction Act”). The work considered in this case fell outside the Act, but the case also provides a reminder that where work is only partially covered by the Act a general adjudication in relation to payment for all work under the contract will not be permitted. The Construction ActUnder section 108 of the Construction Act, parties to a construction contract have a statutory right...

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  07.11.2023

  Scotland

  Cladding remediation bill published: Scotland's proposals to address cladding concerns

  We reported in our recent Law-Now (available here) on the Scottish Government’s anticipated cladding remediation bill. The first draft text of the Bill has now been published and introduces two key mechanisms to approach the risks arising from potentially dangerous cladding: the use of Scottish Building Assessments and a Cladding Assurances Register, and a Responsible Developers Scheme. Scottish Building Assessments The stated aim of the Bill is to undertake a census of Scotland’s housing stock, conducting Scottish Building Assessments (SBA) on those with potentially dangerous cladding....

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  06.11.2023

  International

  Delay claims under the FIDIC form: Obrascon challenged

  A recent decision of the Court of Appeal of the Dubai International Financial Centre has adopted a stricter interpretation of the requirements for notifying delay claims under the FIDIC form, disagreeing with earlier caselaw from the English courts. A failure to notify claims on time results in a loss of entitlement under the FIDIC form. The Court of Appeal decision will therefore be of great importance to those dealing with extension of time claims under the FIDIC form. Claims notification under FIDIC and the rule in Obrascon Clause 20.1 of the FIDIC 1st Edition contracts (clause 20.2 in the 2nd...

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