Construction Law Update: Contracting Out of Prevention Principle in Concurrent Delay Scenarios
27 Oct 2017
The recent English High Court decision in North Midland Building Ltd v Cyden Homes Ltd  EWHC 2414 recognises that the common law “prevention principle” can be contracted out of or modified by parties. Therefore, in a construction project, if parties have agreed to a clause which excludes the contractor’s entitlement to an extension of time for situations of concurrent delay, the employer can recover delay damages even for periods of concurrent delay.
While English cases are not binding in Singapore, it is likely that this case will be of persuasive value in the Singapore courts.
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