In declaratory proceedings, the court held that parties, through a telephone conversation, came to a binding agreement to forego liquidated damages. The court also provided some helpful discussion of some of the key considerations on the enforceability of liquidated damages. The facts Mansion Place Ltd (the Employer), a property developer, contracted with Fox Industrial Services…
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You Must Adjudicate First
NEC3 imposes obligation to adjudicate first before commencing court proceedings.
Greater Glasgow Health Board v Multiplex Construction Europe Ltd and others [2021] CSOH 115 The facts The Greater Glasgow Health Board (the Employer) entered into a NEC3 ECC Option C contract (the Contract) with Multiplex (the Contractor) for the construction of a hospital. The Contract included the standard NEC optional dispute resolution clause, W2, which…
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