This First Supplement to Hudson on Building and Engineering Contracts 13th edition, reports on several key cases and developments:
• Discusses the decision of the Court of Appeal in Transocean Drilling UK Ltd v Providence Resources Plc, the Arctic III as an important restatement of the principle of freedom of contract in relation to exclusion clauses, which reverses the trial judge’s decision refusing to give effect to an exclusion clause.
• Examines the decision of the Supreme Court in relation to implied terms, in Marks and Spencer PLC v BNP Paribas Securities Services Trust Company (Jersey) Ltd and another.
• Gives commentary on recent PFI cases such as the UK case of Portsmouth CC v Ensign Highways Ltd, and recent cases on performance and on demand bonds
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