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LPA 77 – Limits of Liability – Are They ‘Reasonable’ Under the Unfair Contract Terms Act?
Published November 2023. The commercial importance of limiting liability under an appointment and the ways in which effective and enforceable limits of…
Publications
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LPA 76 – Reliance on another Company’s Report
Published March 2023 An AGS member company raised a concern associated with their potential liabilities when using or relying[1] on a report…
LPA 75 – Safeguarding Contractual Caps on Liability
Published February 2023 The commercial importance of limiting your liability under your appointments and the ways in which this can be successfully…
LPA 74 – The Building Safety Act 2022: Significant Changes to the Limitation Period Under The Defective Premises Act 1972
Published February 2023 The Building Safety Act 2022 (“the Act”), which came into force on 28 June 2022, brought about significant changes…
LPA 73 – Liability for Subcontractor’s Fraud
Published January 2023 An AGS member has reported an incident which has left them liable to their client for the dishonest conduct…
LPA 72 – Reminder of the Problems with Indemnities
Published January 2023. Loss Prevention Alert 30 was published in January 2005 and described the issues with indemnities in commercial contracts that…
LPA 71 – Duty to Warn on a Construction Project – Managing the Risk
Published May 2021 Construction operations, if not undertaken with appropriate care, have the potential to cause serious harm to those involved and…
LPA 70 – Liability of Parent Companies for overseas subsidiaries – Vedanta Resources PLC and another v Lungowe and others [2019] UKSC 20
Published December 2019. In April 2019, the Supreme Court held in the above case that a parent company based in the UK…
LPA 69 – The need for well-defined objectives and scope agreed by the Client and Ground Engineering Specialist
Published in January 2019. A common cause of disagreement (and in some cases legal dispute) between a client and the ground engineering…
LPA 68 – Guidance on Duty of Care arising from Third Party reliance on a geotechnical report: BDW Trading Ltd v Integral Geotechnique (Wales) Ltd [2018] EWHC 1915 (TCC)
Published in September 2018 On 25 July 2018 the Technology and Construction Court (“TCC”) handed down judgment in the case of BDW…