An article, first published in PLC which analyses the key changes introduced by the JCT in its Design and Build Contract, 2024 Edition, the first of the JCT's 2024 contract families to.
The JCT Design and Build 2024 contract has now been released, marking the first major update to the JCT Design and Build standard form since 2016. The changes are a lot more.
Readers will be familiar with liquidated damages (“LDs”) as a mechanism for managing the risk of delay on a construction project. The purpose of LDs is for the parties to agree in advance the relevant quantum of damages that will be payable to the Employer in the event of delays to completion of the works
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A decision of the Supreme Court, the final court of appeal for
civil cases in the United Kingdom, has clarified how the governing
law of an arbitration agreement is to be determined when the law
applicable to the contract containing it differs from the law of
the seat of the arbitration.
Background
The case arose out a fire at a power plant in Russia. Chubb had
insured the owner of the power plant against such damage.
The owner had engaged a contractor to carry out construction