All articles by Lindy Patterson – Page 2
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Contracts: Teetering on the breach
In this case from the oil and gas industry, a contractor tries to recover costs for its own negligence
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Indemnity claims: Cutting your losses
Do you know what an indemnity is and how a claim under one differs from a claim for damages for breach of contract?
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Public procurement: Are you ready?
New regulations introducing a more flexible and modern regime are due this spring. These are the main changes
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Termination at convenience
Terminating a contract is never an easy call to make, and it could have a strong impact on later damages payments should you act too hastily, as these cases demonstrate
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Putting a value on variations
The judgment in the case between MT Hojgaard and E.On highlights why employers should not use the variation process to deal with a breach of contract
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Caps on liability?
Liability caps have been around for a long time but are they the hot topic for 2014?
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Termination: Parting of the ways
A recent case in the Technology and Construction Court is a useful reminder as to how and in what circumstances notices of termination can be given
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Contract fatigue?
The continuing desire to bring new standard form contracts to the market is astonishing – maybe the construction industry should adopt a new year’s resolution
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A problem shared
Net contribution clauses protect companies from taking all of the blame if another liable party has become insolvent. But it’s important to be sure whose work it covers
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Taking over provisons: Risky business
Should an employer accept that gaining access pre taking over or practical completion will involve transfer of risk?
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Be aware of serial defects clauses
A recurring clause in civils work contracts on wind farms can be problematic
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Will collateral warranty standard clauses stand up?
Pre-recession, collateral warranties were ‘belt and braces’ protection. All that has changed
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JV agreements: Common provisions
Five of the most important provisions in a joint venture agreement
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Legal brief: When a loss of chance has a value
McCrindle Group vs Maclay Murray and Spens produces an extremely useful summary of causation and valuation in “loss of chance” cases
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Wind farms: Second generation
A lot of lessons have been learned about the technical side of building wind farms. But what about contracts? Lindy Patterson looks at how things have changed in the last decade
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Legal brief: Human rights vs adjudication
A decision by the Scottish Courts on Whyte MacKay Ltd vs Blyth and Blyth Consulting Engineers sets an interesting precedent
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Power projects: Dealing with defects
How and when defects in power projects are corrected depends much on the exact terms of the contract
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Wonders & blunders with Lindy Patterson
Scotland’s Forth Bridge takes Lindy Patterson’s breath away but Glasgow’s principal civic square, the scene of so many protests, is itself the subject of her protestations
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Operational risks on power station projects
Construction contracts on power projects contain a host of operational requirements, but the testing of the plant’s performance can cause sparks to fly
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Turn on the power
In the first of three articles looking at key risks for contractors on energy projects, we examine a typical contract structure for a power station build
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