Genuine Ambiguity only: when are the post-contract actings relevant to interpretation?
The Court of Session has recently reiterated that the court will not (usually) look to post-contract actings as an assistance for the construction of a contract.
Are dispute adjudication decisions binding and enforceable, even if incorrect?
Adjudication is a dispute resolution process; aimed to be quicker and a more cost-effective approach to settling a dispute.
Adjudication – when is a collateral warranty a construction contract?
Since the onslaught of the recent economic crisis, the identification of strong commercial management together with robust pertinent managerial responses to organisational decline has become increasingly important.
Commercial and Operational Turnaround Service
Since the onslaught of the recent economic crisis, the identification of strong commercial management together with robust pertinent managerial responses to organisational decline has become increasingly important.
Limitation of Liability Clauses – Are We Clear?
I for one am an advocate of the inclusion of a clear and concise limitation of liability clause which both parties agree is fair and reasonable given regard to the project risks and commercial circumstances. It is a common negotiation commercial position.