In the wake of Midland Expressway
Rowson, Stuart
In the wake of Midland Expressway - 2006 - Building 271(8427) 21 April 2006, 70-71(2) .
Considers the implications of the decision in "Midland Expressway v Carillion Construction Ltd" ([2005] EWHC 2963, L132321) for PFI subcontracting. Examines the circumstances in which Equivalent Project Relief (EPR) provisions can be challenged, and the steps that can be taken by project companies to mitigate the risk of claims from subcontractors. These include share transfer restrictions, subordination of claims provisions, or inclusion of a longstop final date for any monetary EPR claims.
MIDLAND EXPRESSWAY V CARILLION CONSTRUCTION LTD AND OTHERS
In the wake of Midland Expressway - 2006 - Building 271(8427) 21 April 2006, 70-71(2) .
Considers the implications of the decision in "Midland Expressway v Carillion Construction Ltd" ([2005] EWHC 2963, L132321) for PFI subcontracting. Examines the circumstances in which Equivalent Project Relief (EPR) provisions can be challenged, and the steps that can be taken by project companies to mitigate the risk of claims from subcontractors. These include share transfer restrictions, subordination of claims provisions, or inclusion of a longstop final date for any monetary EPR claims.
MIDLAND EXPRESSWAY V CARILLION CONSTRUCTION LTD AND OTHERS