Common Types Of Preliminary Issue

Common Types of Preliminary Issue in relation to the Technology and Construction Court

[rtbs name=”technology-and-construction-court”]The following are commonly resolved by way of a Preliminary Issues hearing: (a) Disputes as to whether or not there was a binding contract between the parties. (b) Disputes as to what documents make up or are incorporated within the contract between the parties and disputes as to the contents or relevance of any conversations relied on as having contractual status or effect. (c) Disputes as to the proper construction of the contract documents or the effect of an exclusion or similar clause. (d) Disputes as to the correct application of a statute or binding authority to a situation where there is little or no factual dispute. (e) Disputes as to the existence and/or scope of a statutory duty. (f) Disputes as to the existence and/or scope of a duty of care at common law in circumstances where there is no or little dispute about the relevant facts.