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.
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.
With storms and snow now being a common feature across most of the UK, we only need to watch the news to see how such bouts of bad weather can disrupt daily life.However, no matter what season we find ourselves in, intense periods of disruptive weather are no longer confined to the winter months. In the summer of 2019 we saw the hottest summer in 140 years, bringing water shortages, melting road surfaces, and railways inoperative due to buckling lines!
A recent decision by the Technology and Construction Court (“TCC”) has been handed down from which we learn some important lessons. We take a look at the recent case of Broseley (London) Ltd and Prime Asset Management Ltd (“PAML”) and specifically the points put forward by PAML in relation to enforcement for a stay of execution.
Unless there is an express provision in the contract to the contrary, a contractor with design responsibility is (usually) subject to an implied legal obligation to provide a design which is fit for purpose and where it isn’t, the con-tractor may well be in breach of contract.