Rupert Choat and Frances Pigott present at the MBL Construction Law Conference
In a session on “Liquidated Damages and Extensions of Time” Rupert Choat examined two areas where the courts have shown themselves to be particularly robust in recent times in a session covering
- How hard is it to challenge a liquidated damages clause as a penalty?
- Where do the other grounds for challenging liquidated damages clauses stand?
- Why do extensions of time claims, in the courts, seem to meet with near total success or total failure?
- What are the lessons and why are they not being learned?
- Where are we now with ‘concurrency’ or competing causes of delay?
Frances Pigott discussed conclusive evidence clauses and conditions precedent in construction contracts, including:
- The purpose of conditions precedent and conclusive evidence clauses in contracts
- How the courts view these types of clauses
- Pitfalls and benefits