19th March 2018
Fiona Moss, Associate and Imanpreet Suthar, Trainee in our Corporate and Commercial team describe the legal implications for suppliers following road closures resulting from the recent burst pipes across London and a fuel spillage in Reigate Hill.
Road closures are frustratingly inevitable but when this means disruption to, or loss, of business or perhaps causes a supplier to breach stringent delivery obligations, will the supplier be relieved from performance? Just over a week ago the A217 (Reigate Hill) was closed for 2 days for re-surfacing following a two-vehicle collision which resulted in 120 litres of diesel fuel being spilled. Across London, the burst water mains meant that roads were closed making many businesses inaccessible.
Road closures such as this can cause problems for commercial suppliers in particular regarding the timing of delivery.
Whilst practical advice is to keep abreast of traffic disruptions and seek alternative delivery routes, this is not always possible.
A well drafted agreement or terms of supply can mean the difference between you being “on the hook” even where you are not on the face of it at fault or proceeding as usual once the disruption has ceased.
The contents of this update are intended as guidance for readers. It can be no substitute for specific advice. Consequently we cannot accept responsibility for this information, errors or matters affected by subsequent changes in the law, or the content of any website referred to in this update. © Mundays LLP 2018.
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