The first supplement to the 13th edition of Hudson’s Building and Engineering Contracts highlights several interesting new cases. Joint editor of Hudson Robert Clay commented: “While we haven’t seen any fundamental changes to the law, we have seen some interesting new cases that have restated or reemphasised important principles, and some interesting first instance cases.”
Hudson is regarded by many as the leading reference on Construction Law. The 13th edition, edited by Nicholas Dennys QC and Robert Clay, provides a comprehensive update on the law and interpretation of construction contracts and was brought up to date by a panel comprising of many of the leading practitioners at Atkin Chambers.
Cases to note include:
The decision of the Court of Appeal in Transocean Drilling UK Ltd v Providence Resources Plc, the Arctic III is an important restatement of the principle of freedom of contract in relation to exclusion clauses, reversing the trial judge’s decision refusing to give effect to an exclusion clause.
Marks and Spencer PLC v BNP Paribas Securities Services Trust Company (Jersey) Ltd and another was an interesting Supreme Court decision in relation to implied terms. The case reemphasises the tests for the implication of a term into particular contracts — that the term must be obvious, capable of clear expression, and necessary to give business efficacy to the contract.
First instance cases include:
For further information: Sweet & Maxwell website.
This paper was written by James Howells QC for the Society of Construction Law (Singapore)…
URS has been granted permission by the Supreme Court to appeal the decision of the…
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