Wragge Lawrence Graham & Co

UK 200 2014 position: 28

Getting your priorities in order — precedence clauses in commercial contracts

The Court of Appeal case of RWE Npower Renewables Ltd v J N Bentley Ltd [2014] EWCA Civ 150 acts as a reminder to draftsman not to place too much reliance on these clauses and highlights the risks when all contractual documents are not properly reviewed before finalising agreements.

RWE engaged Bentley to carry out civil engineering works in relation to a hydro-power scheme in the north of Scotland. The contract value was approximately £4m. At some point during the works, various delays occurred and a dispute arose between the parties regarding when certain sections of the work should have been completed.

The timings for completing the works were set out in different documents. The key section of work in dispute was known as ‘Section 2’, which related to the construction of an intake, some penstock pipeline, a tailrace, a powerhouse and the hydro plant. Failure to complete all works for Section 2 within a certain time would, under the contract, result in Bentley paying liquidated damages to RWE…

Click on the link below to read the rest of the Wragge & Co briefing.

Sign in or Register to continue reading this article

Sign in


It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer


Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.


Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.


Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from Wragge Lawrence Graham & Co

View more briefings from Wragge Lawrence Graham & Co

Analysis from The Lawyer

  • Paul Wilson

    Regional: attempted merger

    Alliances, failed and successful, are the story of the year outside London

  • Belinda Bradberry

    Interior designs

    Polish up your retention policy - private practice lawyers are increasingly eyeing in-house roles

View more analysis from The Lawyer


2 Snowhill
B4 6WR

Turnover (£m): 121.16
No. of lawyers: 440