Limits on liability - Can they be undone?

Hogan Lovells' Annual Projects, Engineering and Construction Client Seminar on Thursday, 21 October 2010.

In recent English and Commonwealth cases, a trend has emerged towards setting aside limits on liability in circumstances of a serious breach of contract. We will be considering this trend and steps which can be taken to protect exclusions and limitations of liability, which are usually of fundamental importance to the balance of risk on a project.
Sopov v Kane Constructions Pty confirmed that, upon repudiation of the contract by an employer, the contractor has an election: he may either claim on a contractual basis or on a quantum meruit basis - and the quantum meruit claim is not subject to any contractual cap.
The Net TV case established that there is a presumption that an exclusion clause will not apply to what the court referred to as "a deliberate personal repudiatory breach of contract".
Speakers including partners John Gerszt, Rupert Sydenham and Gillian Thomas will examine the implications of those decisions and contrast the position with that in civil law jurisdictions (with particular reference to the Middle East).
The seminar is intended to assist project developers, contractors, funders, consultants and their professional advisers at all levels. It will be followed by a drinks reception in our 12th floor dining suite.

Thursday 21 October 2010


5.00 pm

Start of presentations

5.30 pm

Drinks reception

7.00 pm

To register please click here

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