Shipbuilding & Offshore Construction Case Updates
Bluewater
Energy Services BV v Mercon Steel Structures BV & 2 Others [2014] EWHC 2132
(TCC)
Claims
arising under a sub-contract for the fabrication of a tower based soft yoke
mooring system for installation as part of the development of the Yuri
Korchagin Field in the Caspian Sea.
“There
are numerous issues which the parties have been unable to settle. The main
factual disputes concern the causes of delay and liability for any delay and
the events leading up to termination. There are many financial claims which
depend on particular issues of contractual interpretation or fact.” At Para 19.
Zhoushan
Jinhaiwan Shipyard Co Ltd v Golden Exquisite Inc & 2 Others [2014] EWHC 4050 (Comm)
“In each case the Buyer has purported
to exercise a contractual right to cancel the contract on account of delay in
delivering the vessel. In each case the
Yard has sought to argue that the cancellation was wrongful on the ground that
a relevant part of the delay was caused by the Buyer’s own breach of the
contract. The central question raised by
these appeals is whether the factual allegations made by the Yard as to the
extent and cause of delay, if proved, provide an answer to the Buyers’ claims,
or whether on the proper interpretation of the contracts the cancellations were
lawful even on the facts alleged.”
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