Victoria's cladding rectification scheme fuels liability debate31 Jul 2018

Out-Law Guides

• Practical implications of penalty clauses in English law

  The legal test for penalty clauses has recently changed, meaning that more clauses may be unenforceable and ineffective under English law.

• Adverse ground conditions in the UAE

  While the law in the United Arab Emireates (UAE) generally recognises parties' freedom to contract as they see fit, there are mandatory provisions of the UAE Civil Code that will override any agreed risk allocation for adverse ground conditions.

• Construction disputes: can I rely on an unsigned contract?

  The fact that the underlying contract was never signed will not always be fatal. Whether a contract has been formed will require close consideration of the facts.

• Consequences of concurrent delay on construction projects

  English and Scottish courts have taken a different approach to disputes about delays in construction projects with more than one cause. Recent cases have not resulted in a unified approach.

• Compliance with the pre-action protocol for construction and engineering disputes

  Pre-action protocols govern the actions and conduct of parties to disputes in England and Wales before court proceedings begin.

• Selecting an arbitration institution in Shanghai

  Until relatively recently companies doing business in Shanghai had very little choice about where to refer disputes for arbitration.