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20 Essex Street Bulletin - 'Gone with the Wind: Conflicting Terms in Building Contracts'

In light of the case MT HØJGAARD A/S V E.ON CLIMATE & RENEWABLES UK ROBIN RIGG EAST LIMITED AND ANOTHER [2017] UKSC 59 Thomas Leary considers how the courts will construe design and build contracts which require construction in compliance with a prescribed fitness for purpose criteria which differs from what the prescribed design can achieve. This is a must-read for all involved in construction disputes (whether off-shore windfarms, ships, drilling rigs or other items) under contracts which require compliance with a specification or design whilst including other specified performance criteria.

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Gone with the Wind Conflicting Terms in Building Contracts.pdf964.6 KB