The ability of a contractor to survive a major claim or disaster often hinges upon whether or not the risks of loss and damage have been appropriately allocated under the contract. It is for this reason that exemption and indemnity clauses attract considerable attention – both at the drafting stage and following a major incident. Haynes and Boone CDG Associate Teena Grewal reviews the recent case of Persimmon v. Ove Arup with Construction News, which has provided a reassessment of the limits around applying limitation and exclusion clause in English law.
Excerpted from Construction News. To read the full article, click here.