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NEC4 Coming June 2017 – Will You Be Ready?

NEC4 – With the anticipated arrival of the updated NEC4 Contract SUite on 22nd June Silver Shemmings is offering the opportunity to attend an Update Seminar on 14th June, covering the differences between NEC 3 & NEC4 and how this will affect users of the current Suite. Continue reading

BREXIT And The Carbon Tax (Part 1)

By Cat Westmacott This is the first of two articles to be written about 2016’s changes within the … Continue reading

Concurrent Delay Under Construction Contracts

Richard Silver, Senior Partner at Silver Shemmings LLP, examines in detail the judgment in the Saga Cruises case in which the court adopted a narrow approach to issues of concurrent delay under construction contracts but ultimately supported the position taken in the Society of Construction Law’s Delay and Disruption Protocol. Continue reading

Andrew Burr – Managing The Unfortunate Reality Of Delay & Disruption

Managing The Unfortunate Reality Of Delay & Disruption On Major Infrastructure Development Projects In 2016 & Onwards – Andrew Burr MA(Cantab), ACIArb, FFAVE(Master) Continue reading

Hot Tubbing Session With Experts – Andrew Burr, Sao Paolo SCL September 2016

Hot Tubbing With Witnesses Of Opinion: Current Best Practice For Delay And Quantum Analysts As presented by Andrew … Continue reading

Liquidated Damages – “damages at large” and “time at large”

General damages for breach of contract under English Law is not to punish the wrongdoer, it is to put the injured party back to the position they would have been in had the contract been performed. Continue reading

Breach Of Natural justice Is Not Bad Faith – Adjudicator’s Fees

n this case the Adjudicator’s fees were being contested on the grounds that his Decision had been held unenforceable due to a breach of natural justice by the Adjudicator. Continue reading

Adjudication, Conveyance & The Word ‘May’ – Refusing Injunctions

To many the idea of stopping adjudication or rather seeking to prevent it is irrational. Why would Parties not want to use what is usually a cheaper option than say Arbitration or Litigation? Continue reading

Arbitration, Irrationality And Errors Of Law

This case dealt with an Arbitrator’s Award and the question if the Award could be set aside if it was found to be manifestly unreasonable. That is could an Award ever be anything other than Award? Continue reading

Fit For Purpose By Default

As a worthy lesson for suppliers and contractors and sub-contractors, make sure your contracts spell out what you are providing and to what standard because if they do not, it may be implied by reference to the Sale of Goods Act, that in default the standard your works or goods have to achieve is ‘fit for purpose’ and/or of ‘satisfactory quality’, which of course may well be less than you bargained to provide, as ‘fit for purpose’ is a far greater standard to reach Continue reading