The Curious Case of ABC v. Network Rail: Wasn’t It Obvious?

At first glance, the Court of Appeal’s recent decision in ABC Electrification Ltd v Network Rail Infrastructure Ltd [2020] EWCA Civ 1645 might look like the culmination of an exercise in legal hubris. This was, after all, a case focussed on the meaning of a single word in a contract; moreover, a word – “default” – that most of us in the legal profession might say has a well-established meaning.

And, after several hundred thousand pounds of legal fees no doubt well spent, the Court of Appeal told the world that the word “default” means exactly what we all thought it meant – a failure to fulfil an obligation.

To read the full text of this post by Duane Morris attorneys Steve Nichol and Matthew Friedlander, please visit the Duane Morris London Blog.

Recent Changes in New York City’s Standard Construction Contract

With its new Standard Construction Contract, issued in December 2013, the City of New York (the “City”) has implemented numerous significant changes as compared with its 2008 standard contract. The most widely discussed change in the City’s standard construction contract is the elimination of an express “no damage for delay” clause. At least ostensibly, the new contract represents a more flexible approach to delay damages by enabling the contractor to recover for delays in factual settings not previously amenable to delay claims. This Alert briefly summarizes some of the new provisions.

Click here to read the full Alert.