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    It is a common requirement in the construction industry that a Pay Less Notice must be served by the Payer if it is intended to pay a reduced figure from the sum included in the Contractor’s application for payment. It is not unusual for the parties to the contract to include a specific term setting […]

    In this article, Jan Rzedzian, construction lawyer at Hay & Kilner, provides practical tips for contractors and employers when drafting or negotiating clauses relating to the provision of liquidated damages in a building contract. Provision for liquidated damages is commonly provided as an option in the standard form contracts including the two most regularly used: […]

    Jan Rzedzian, Associate Solicitor in the Construction Team at Hay & Kilner, considers the decision in the case of Cavendish Square Holding BV v Talal El Makdessi and ParkingEye Limited v Beavis, in which the Supreme Court has very much supported the approach of taking into consideration the “commercial interests” of the parties when deciding […]

    Jan Rzedzian, an Associate Solicitor in our Construction Team, looks at the law on contractual penalties. A century has now passed since the Dunlop case was first decided, and inevitably questions as to the continued applicability of the “Dunlop principles” in today’s modern commercial world have been asked. A chain of legal cases has shown that […]

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