Roberta Downey
May 2003
A paper based on the highly commended entry in the Hudson Prize Competition 2002
The paper looks at two questions: first, is the construction industry's practice and perception of what it believes it has obtained in the wording of its entire agreement and exclusive remedy provisions consistent with the law? Secondly, can such provisions ever achieve what they purport to achieve, given the loopholes that may be available to a party who wishes to escape from the confines of its contract? oberta Downey looks at the results of a questionnaire survey carried out in 2002 to identify the industry's perception of entire agreement/exclusive remedy provisions, and then considers the law, including the cases where the courts have considered such clauses.
Introduction - The practice - The perception - The reality of the law - Limits on the freedom to contract - How to get around the four corners of the contract? The conclusion
The author: oberta Downey is a partner and solicitor-advocate with Lovells, solicitors in London, where she is based in the Projects (Engineering and Construction) Group, specialising in dispute resolution.
Text: 14 pages
PDF file size: 100k