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No oral modification clauses in Singapore
In Charles Lim Teng Siang v Hong Choon Hau [2021] SGCA 43 the Singapore Court of Appeal held that a no oral modification clause did not apply to a subsequent oral rescission of the contract between the parties. Further, it indicated its..
Online Published Date:
26 May 2021
Appeared in issue:
Vol 38 No 05 - 26 May 2021
The validity of a notice of dissatisfaction
In Transport for Greater Manchester v Kier Construction Ltd [2021] EWHC 804 (TCC) O’Farrell J held that the claimant had given a valid notice of dissatisfaction with the decision of an adjudicator, and in doing so it had preserved its right to..
Online Published Date:
26 May 2021
Appeared in issue:
Vol 38 No 05 - 26 May 2021
No implied term in design service agreement
In Yoo Design Services Ltd v Iliv Realty Pte Ltd [2021] EWCA Civ 560, the Court of Appeal declined to imply a term into a Design Service Agreement that the defendant was under an implied obligation to complete the sale of apartments within a..
Online Published Date:
26 May 2021
Appeared in issue:
Vol 38 No 05 - 26 May 2021
Excluding liability for “fundamental, deliberate, or wilful” breaches of contract
In Mott Macdonald Ltd v Trant Engineering Ltd [2021] EWHC 954 (TCC) His Honour Judge Eyre QC held that an exclusion clause in a contract was applicable to breaches of contract which were “fundamental, deliberate, or wilful”. In so concluding, he..
Online Published Date:
26 May 2021
Appeared in issue:
Vol 38 No 05 - 26 May 2021
Contract terms contained in written subcontract
In Balfour Beatty Regional Construction Ltd v Van Elle Ltd [2021] EWHC 794 (TCC) Waksman J held that the terms of the contract between the parties were to be found in a written subcontract which had been concluded between the parties. This was so..
Online Published Date:
26 May 2021
Appeared in issue:
Vol 38 No 05 - 26 May 2021
Disputes under two contracts referred to same adjudication
In Delta Fabrication & Glazing Ltd v Watkin Jones & Son Ltd [2021] EWHC 1034 (TCC) Her Honour Judge Sarah Watson held that the claimant was not entitled to summary judgment in order to enforce the decision of an adjudicator. She found that..
Online Published Date:
26 May 2021
Appeared in issue:
Vol 38 No 05 - 26 May 2021