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Repudiation Remedies - Contract or Quantum Meruit?
Perhaps unsurprisingly, the recession has caused a spike in the number of owners/employers repudiating construction contracts prior to completion. In such circumstances, it often comes as a surprise to the builder to learn that he may have a choice of remedy. Subject to the terms of the contract, the contractor can generally elect to claim on either a purely contractual basis (that is, the amount due
under the contract plus damages for breach of contract such as loss of profit and overhead recovery) or alternatively on
a quantum meruit basis (that is, a reasonable remuneration). This approach has been recognised in England and Wales since the case of Planche v Colburn (1831).
“The Times They Are A-Changin”
When Bob Dylan wrote in 1963 he encapsulated the mood of a generation. He was of course speaking about the political waters of his day but the analogy is equally appropriate for our time. We too are drowning, but now it’s in information and more specifically electronic information. The Economist newspaper has recently highlighted “The
Data deluge” and cited the case of one company that saw the data flowing through its servers increase tenfold in 18
months. This article goes on to examine how business is trying to deal with this opportunity and threat.
Delay Analysis Techniques Available For Project Managers in Construction Contracts
Material Breach: The Material Cases
Oh Yes He Did - Oh No He Didn't
Global Pain or Global Gain? Or The first consideration of John Doyle -v- Laing in the English Courts
Expert Witness Agreed Joint Statements - Open or Privileged?
Letters of Intent in Construction and Engineering
Natural Justice Comes of Age
Contract Administration - Risks, Responsibilities and Rewards
MEDIATE (don’t Litigate) - A Mediator’s viewpoint
Singapore - Construction Law Update
CORPORATE KILLING - The Reform of the Law
Government Review of the Construction Act
A Seminar on Avoiding Claims in the Energy Sector
Sounding a Warning
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