All posts tagged Offshore Construction Law and Practice

Transportation and Installation

Notes 1 For example, ch 6 on changes to the work and ch 7 on defects. 2 Maredelanto Compania Naviera SA v BerbauHandel GmbH (The Mihalis Angelos) [1970] 2 Lloyd’s Rep 43, [1970] 3 All ER 125. 3 As discussed in ch 10 in relation to acceptance and delivery. 4 . . . Read more

Dispute Resolution Procedures

Notes 1 See para 13.59 ff. 2 See Rush & Tomkins Ltd v Greater London Council and Ors [1988] UKHL 7 (Lord Griffiths): ‘the contents of without prejudice correspondence … will not be admissible to establish any admission relating to the [party’s] claim’. 3 See Framlington Group Limited and Axa . . . Read more

Warranty Claims and Correction of Defects

Notes 1 Oscar Chess v Williams [1957] 1 WLR 370. Denning LJ observed that the ordinary meaning of both words is a binding promise. He stated: ‘Everyone knows what a man means when he says “I guarantee it” or “I warrant it” or “I give you my word on it”. . . . Read more

Termination and Step-In Rights

Notes 1 Such agreements are often described as carry over agreements and are discussed in more detail in ch 17. 2 [2001] CLC 1552. 3 [1998] 1 Lloyd’s Rep 609, [1998] 1 A11 ER 883. 4 Misrepresentation Act 1967 s 2(2). 5 See Johnson v Agnew [1980] AC 367, where . . . Read more


Notes 1 E J MacGillivray and others, MacGillivray on Insurance Law (13th edn, Sweet & Maxwell 2015). 2 Prudential Insurance Co v IRC [1904] 2 KB 658, 663. 3 Consideration is usually represented by the payment of premium or the promise to pay a premium, although it is possible for . . . Read more

Force Majeure

Notes 1 Some may think that English law would be reluctant to incorporate any principles derived from French law, no matter how sensible, useful or popular these may be. 2 Tandrin Aviation Holdings Ltd v Aero Toy Store LLC [2010] EWHC 40 (Comm), [2010] 2 Lloyd’s Rep 668, at para . . . Read more

Financial Guarantees

Notes 1 This chapter provides an overview of the key aspects of guarantees in relation to offshore construction contracts. For a detailed discussion of the topic see Geraldine Andrews, Richard Millett, Law of Guarantees. (6th edn, Sweet & Maxwell 2012). 2 See Spliethoff’s Bevrachtingskantoor BV v Bank of China Limite. . . . Read more

Allocation of Risk

Notes 1 This list is not intended to be exhaustive. Other risks that are typically allocated include taxation, levies, charges and contributions; these are beyond the scope of this book. 2 Logic Construction: Standard Contracts for the UK Offshore Oil and Gas Industry (2nd edn, October 2003). 3 ibid. 4 . . . Read more

Acceptance and Delivery

Notes 1 The Contractor may not wish to part with possession until its claim for price adjustments are satisfied and the Company has waived any claim for payment of liquidated damages, whereas the Company may wish to terminate and take over possession if the work is not completed to its . . . Read more