Concurrent Delay & EOT - Preventing Prevention!
Khiebra Ltd
COMMERCIAL AND CONTRACTUAL EXPERTISE FOR THE CONSTRUCTION & ENGINEERING INDUSTRIES
The 2018 UK Appeals Court case established that the 'Prevention' principle under English law (one party cannot enforce a contractual obligation against the other where it has prevented the other party from complying with that obligation) could not overrule an express contractual provision in respect of concurrent delay, preventing award of EOT.
Thanks to Shepherd & Wedderburn (www.shepwedd.com) for the following article on the case, which they listed at Nr 1 in the five most important construction cases of 2018:
https://shepwedd.com/knowledge/construction-case-law-update-top-5-construction-cases-2018