Welcome to the 2015 edition of our internationally focused Annual Review of English Construction Law Developments.
2014 year has been a year of considerable development for English construction law. Unusually the FIDIC terms were before the English courts more than once last year and we report on important developments in this regard with three articles in this edition. Good faith remains a topical area of law and one important case last year marks the first time an English court has upheld the validity of an agreement to negotiate in good faith, (albeit within narrow confines). On-demand securities also remain very topical with a decision from England’s highest court on the issue as well as a very recent case (too late to include in this year’s edition) expressly criticising the controversial Doosan decision.
In other developments, termination for convenience clauses, the effect of amendments on liquidated damages provisions and the valuation of omitted works have also received attention in the English cases over the last year. Finally, we conclude this year’s bulletin with an international construction orientated review of recent amendments to the LCIA arbitration rules effective from October 2014 last year. We hope you enjoy our analysis of the law and recent cases on the above topics.
To read our Guide in full, please download the PDF.