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Article 27/07/2021
Government measures enacted to limit the impacts of COVID-19 and the impacts themselves continue to have a significant negative effect on the Oman economy and its construction sector in particular.
Case review 23/07/2021
We previously considered this case in 2019, when the Court of Appeal found that liquidated and ascertained damages (LADs) could not apply to work that had never been completed, and would only apply to work that is accepted after a delay. Work that never completed was only to be assessed according to the usual principles of damages – and not the contractual mechanism for LADs.
Article 21/07/2021
Homeowners may soon have up to 15 years in which to bring certain actions against builders and developers.
News 08/07/2021
We are pleased to again report a record turnover of £264m, an increase of 11% on the previous year (£238m).
Article 06/07/2021
The recent decision of the Supreme Court of Victoria (Lendlease Engineering Pty Ltd v Owners Corporation No 1 & Ors [2021] VSC 338) clarifies which occupancy permit is relevant when calculating time under s 134 of the Building Act 1993 (Vic) (Building Act) and rejected the lot owners’ argument that their claims were not statute barred because the Owners Corporation had commenced the proceeding on their behalf.
News 21/06/2021
Kennedys has continued its growth in the Middle East with the opening of a new office in Muscat, in the Sultanate of Oman. This office opening is in response to client demand for a presence in Oman, and sees Kennedys become the only international insurance-focused law firm in the country.
Article 17/06/2021
Contracts for the supply of goods or services (including construction contracts) frequently contain provisions seeking to limit the quantum of liability for breach by the vendor or contractor. A liquidated damages clause is a familiar example of such a provision.
Article 09/06/2021
The highly anticipated Lacrosse Appeal judgment was handed down in early 2021 providing some guidance for construction professionals around the requisite standard of care and the availability (or, more accurately, the unavailability) of the peer professional opinion defence for building surveyors responding to claims arising from the use of combustible cladding in Australia.
Article 07/05/2021
It is common for construction contracts to contain provisions specifying that entitlements to, for example, extensions of time and/or additional payment will be lost unless intimated within a specified period of time. But what happens if, for any reason and by any margin, the deadline is not complied with?
Article 06/05/2021
This update includes a roundup of recent court decisions dealing with the retrospective effect of contracts, the interpretation of exclusion clauses, liability between parties without a contract, the effect of an exclusive jurisdiction clause on enforcement of an adjudication decision, and conduct when providing a Reply to a Defence.
