Welcome to the 2017 edition of our internationally focused Annual Review of English Construction Law Developments.
2016 has been a busy year for the development of English construction law, making this our largest Annual Review yet.
Cases reported this year have resolved long standing debates, such as the correct approach to the interpretation of exclusion clauses and the enforceability of so called ‘no amendment’ and ‘no waiver’ clauses.
In other areas, however – notably in relation to the interpretation of clauses excluding liability for indirect and consequential losses – one can discern a willingness to challenge long-standing principles where those principles are thought to be out of step with modern approaches to the law. In one sense this also represents continuity by ensuring consistency of approach in the interpretation of contracts, even where this means a break with past authority on a particular issue.
These developments, together with others on concurrent delay, rights of termination and the use of deleted clauses as an aid to the interpretation of contracts, are all covered in this year’s Annual Review.
To read our Guide in full, please download the PDF.