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Articles by Luke Robottom
Where's next for global hydrogen?
Video or webinars 18 November 2024 With the emergence of green hydrogen projects in key territories like the Emirates and Europe, we ask whether these are market anomalies or the beginning of a significant new growth phase? Watch our video, produced in collaboration with Tamarindo, for insights into the future of the global hydrogen market.
Liquidated damages in energy projects | JD Supra
In a noteworthy decision to participants in the energy industry, the High Court of England & Wales examined what constitutes a valid liquidated damages clause in the event of delayed completion of a solar project. And last week in Singapore, the High Court considered the enforceability of liquidated damages provisions on termination of power purchase agreements. Construction projects, owing to scale and complexity, often find their timetables frustrated by unanticipated delays.
Allocation of Risk in Construction Contracts - 2018 Update | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Good Faith and Contract Renegotiation | JD Supra
JD Supra Privacy Policy Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Strike-it unlucky: negligence liability for damage affecting services | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
Strike-it unlucky: negligence liability for damage affecting services | Lexology
It is all-too-common for a contractor or a subcontractor, whilst excavating, to strike an underground service such as a power cable or a water pipe. The consequences of this happening can be serious, and may affect a number of parties. For example: Similar scenarios exist where property in the vicinity of services is damaged, resulting in the services being out-of-action for some period of time.
The New UAE Arbitration Law: an incremental shift towards international norms | Lexology
The UAE has taken a significant step towards making commercial arbitration a more appealing dispute resolution mechanism for companies conducting business in the UAE and the broader GCC region. The newly enacted Federal Arbitration Law is likely to offer an attractive solution to some of the problems facing UAE-seated arbitrations in recent years; however, the practical effect of the new law remains to be seen.
Particularly onerous or unusual contract terms: parties have wide freedom to agree | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
Setting Aside Certificates for "Manifest Error" | JD Supra
In a judgment delivered last month, the English Court of Appeal considered the circumstances under which completion certificates under a PFI contract could be set aside for "manifest error". The concept of "manifest error" is sometimes used in construction contracts and expert determination agreements as one of the limited bases for setting aside an otherwise "final and binding" certificate or determination.
Setting Aside Certificates for "Manifest Error" | Lexology
In a judgment delivered last month, the English Court of Appeal considered the circumstances under which completion certificates under a PFI contract could be set aside for "manifest error". The concept of "manifest error" is sometimes used in construction contracts and expert determination agreements as one of the limited bases for setting aside an otherwise "final and binding" certificate or determination.
Civil Liability of Arbitrators in the UAE – An Update | JD Supra
The Dubai Court of Cassation in its recent decision in Case 484/2017 has set a new threshold for establishing the liability of arbitrators in civil matters, thereby providing some much needed clarity on this important issue. Arbitration in the UAE, especially Dubai, has developed considerably in the past 20 years with the UAE establishing itself as a major hub for arbitration within the GCC.
Judicial Tribunal Renders Further Decisions on the DIFC Courts’ Jurisdiction
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'Time at large' argument unsuccessful where contract contains broad extension of time clause
In the case of Severfield (UK) Ltd v Duro Felguera UK Ltd (No. 2) [2017] EWHC 3066 (TCC), the Technology and Construction Court (TCC) in England and Wales declined to find ‘time at large' under a construction contract where the delays in question were covered by a broad extension of time clause.
Allocation of Risk in Construction Contracts
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No implied obligation to work with due diligence and expedition
The Singapore Court of Appeal has recently held that there was no implied term of due diligence and expedition in a construction contract. This case aligns the Singaporean approach with that of the English courts. A term of due diligence and expedition imposes an obligation on contractors or sub-contractors to maintain certain levels of progress and performance throughout the life of a project. This obligation is separate and in addition to the obligation to complete the works by a certain date.
Concurrent delay and the 'prevention principle'
In a judgment issued earlier this week, the English High Court considered whether a contract excluding any claim for an extension of time in respect of periods of concurrent delay caused time to be rendered "at large" due to the operation of the prevention principle. "Concurrent delay" has been a cause of much controversy in the construction law sphere.
BIM before the English Courts
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Judicial acceptance of the SCL Delay and Disruption Protocol 2nd Edition
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UK Supreme Court upholds fitness for purpose warranty
Earlier this month the UK Supreme Court in MT Højgaard AS v E.ON Climate and Renewables UK Robin Rigg East Ltd [2017] UKSC 59 held that a contractor had warranted a twenty year service life, via a fitness for purpose obligation, despite the fact that the service life specification was set out in the depths of a technical document. This is the most prominent case in a number of recent judgments where the UK courts have considered fitness for purpose obligations.
The widely anticipated UAE law on arbitration - an end in sight?
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Contract termination: terminating under the contract vs terminating at common law
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"On demand" performance bonds: no strings attached?
A recent Australian case decided that a claim used as a basis for encashing an "on demand" performance security did not need to be authoritatively determined first. Performance securities, which include performance bonds, are used on construction projects as a means of protection against a party’s non-performance of the terms of the contract.
CAR Insurance: Insuring the Works vs Insuring the Owner's Property
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Compensation events under NEC3: Prospective vs Retrospective Assessment
The NEC3 suite of contracts contemplates compensation events being assessed at around the time they occur or are instructed, based on the forecasted impact of the event. But if the actual cost or delay arising from an event is different from the forecast, should this have an impact on the assessment? A recent case highlights a 'common sense' approach to this issue.
Descoping of works: what is the employer entitled to do?
Financial constraints mean that employers are often looking to descope works from major projects. But how feasible is this? A recent case highlights the potential implications for employers who attempt to descope works Descoping of works (sometimes referred to as omissions or negative variations) involves the employer removing part or all of the works awarded to a contractor.
NEC4 suite of standard form contracts to be released in June
On 22 June 2017, the NEC4 suite of standard form contracts will be officially launched at the NEC Users' Group's Annual Seminar. This new suite will replace the popular NEC3 suite, which was first published back in 2005. In the 12 years since the NEC3 contracts were released, those contracts have been endorsed by various UK government bodies and used widely on major infrastructure projects, primarily in the UK but also internationally.
The new FIDIC White Book for Consultancy Services
FIDIC has recently published the 5th Edition of its Client/Consultant Model Services Agreement (the White Book). The White Book is an important part of the FIDIC suite and is one of the most widely used forms of professional services contract internationally. FIDIC has also published the second edition of the Sub-Consultancy Agreement to go with the new White Book. In its new edition of the White Book, FIDIC has made significant revisions compared with the previous edition.
Termination for convenience: What is the contractor entitled to?
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Reform of Qatar's arbitration framework
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