Articles

Construction Contracts And The Prevention Principle: Application In Practice

1. HISTORICAL DEVELOPMENT OF THE PREVENTION PRINCIPLE The prevention principle is a legal doctrine preventing a party (in the absence of clear terms to the contrary) from taking advantage of its own wrong1. Typically, construction and engineering contracts require the contractor to complete its works by a fixed, pre-agreed completion date, failing which the contractor …

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Capacity Building in Baghdad for the Government of Iraq

Chana Abrams of Channing Law has been mandated by the International Renewable Energy Agency (IRENA) and the United Nations Development Programme (UNDP) to provide Capacity Building in Baghdad for the Government of Iraq relating to Iraq’s solar energy procurement programme. Energy demand in the Republic of Iraq has increased and the generating capacity has not …

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Triple Point Technology Inc v PTT Public Company Ltd [2021] UKSC 29

The Triple Point Technology case settled the law on the application of liquidated damages in circumstances where a contract is terminated before the works are completed. In overturning the decision of the Court of Appeal, the Supreme Court reverted to an orthodox approach whereby the right to liquidated damages accrues until the termination of the …

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Energy Storage – Construction and Operational Legal Considerations

a. IntroductionIn Africa sunlight and wind are in abundance, which makes a compelling case for renewable generation. However, the sun does not always shine and the wind does not always blow. This intermittency has heightened the importance of energy storage. b. Battery Energy Storage Systems (“BESS”) EPC Contract Considerations The construction documentation of a BESS …

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A Year on: Reflections on the Impact of Covid-19 on Project Finance

It has been nearly a year since the World Health Organisation declared the outbreak of the Coronavirus Disease 2019 (COVID-19) as a global pandemic. As we approach the first anniversary of such declaration, this article reflects on certain issues arising as a consequence of COVID-19 on the financing of infrastructure projects in emerging markets. In …

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