This article explores a recent TCC decision that has provided long overdue and important confirmation on how clauses excluding or restricting liability for breach should be interpreted.
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Economic development and rising living standards are driving investment in infrastructure around the world. Our international team provides a complete legal service, non-contentious and contentious, across the lifecycle of construction projects, from initial development and key commercial considerations through to contract management and dispute resolution.
We advise on projects in the Americas, Africa, Europe and Asia across our core sectors of Energy, Transport and Real Estate. By combining the commercial expertise we have acquired over years of working in these industries with technical excellence, we minimise risk and maximise business outcomes for our client.
Because we act for lenders, consultants, sponsors, contractors, developers, governments and local authorities, we have a 360-degree view of the needs and concerns of all parties involved in construction contracts, and this informs our balanced approach to drafting, negotiating, advising and advocating for and on behalf of our clients.
In addition to working with standard form construction contracts such as FIDIC, JCT and NEC3, we regularly create bespoke arrangements to ensure the successful delivery of the commercial aspirations of our clients. Utilising the complementary experience of colleagues in areas such as environment, health and safety and finance also ensures that our advice addresses all relevant considerations for construction projects.
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The new facility will include over 2,400 stores, restaurants and food courts, bulk-breaking areas, waste-separation docks, administrative offices and public facilities.
In this article we discuss a recent UK TCC case in which the court considered an application to strike out parts of a cladding claim on the grounds that they were insufficiently particularised.