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Fri October 20 2017

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News » Construction Law Updates

Construction Law Updates

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It's not just the winning, it's the taking part

11 Jan 2011: The University Hospitals Coventry and Warwickshire NHS Trust (The Trust) decided that it wanted to transfer the responsibility of managing and operating the Healthcare Purchasing Consortium (HPC), which required a great deal of financial investment. more »

Duty of disclosure and settlement negotiations

15 Dec 2010: You’re a subcontractor who is owed 10 million euros by the contractor. The contractor takes the view that you are not entitled to payment until he is paid by the employer. more »

Employer cannot suspend the works and keep retention

6 Dec 2010: AMW entered into a contract to carry out plumbing and heating works on a development of 65 flats which were to be built in three blocks. more »

Sub-subcontractor's liability for corrosion to pipework

30 Nov 2010: The claimants were the lessees and occupier of premises in Silk Street. They employed Sir Robert McAlpine for extensive refurbishment works which included the installation of an air conditioning system. more »

BIS publishes standard pre-qualification questionnaire for construction contracts

26 Nov 2010: Rebecca Clarke, Pinsent Masons Senior Associate explains. In October 2010, the Department for Business, Innovation & Skills (BIS) announced that it had launched a new standard pre-qualification questionnaire more »

Quaking in their boots

19 Nov 2010: In October 2009, Angus Joinery agreed to supply and install six windows at the home of Mr. and Mrs McKay. The windows were specially made. more »

Appeals from arbitration awards on questions of fact

15 Nov 2010: The defendant ship owners applied to have part of an appeal against an arbitration award struck out. The appeal was on questions of fact. more »

PFI contract information was confidential

5 Nov 2010: The appeal was concerned with the inspection rights provided to "persons interested" pursuant to section 15(1) of the Audit Commission Act 1998. This section provides: more »

Another Option When Pursuing an Insolvent Company?

29 Oct 2010: In the current financial climate, the construction industry frequently has to deal with supply chain insolvencies, leading to losses that are often irrecoverable from the insolvent company. more »

Parties' Contract Was In Writing...

29 Oct 2010: All Metal, a roofing subcontractor, successfully obtained an adjudication decision against the main contractor, Kamm Properties Ltd. Kamm challenged the decision on the basis that the adjudicator did not have jurisdiction because the parties' contract had not been in writing. more »

Engineer not negligent for relying upon specialist subcontractor’s advice

22 Oct 2010: CWS, and Cliveden Estates Ltd. entered into a development agreement for the construction of a supermarket in Sandwich. Cliveden engaged a number of consultants including the defendant, John Allen Associates (JAA), a firm of consulting and structural engineers with whom they had worked previously. more »

Extent of quantity surveyors' duty of care in relation to defects

15 Oct 2010: The leading authority on the duty owed by quantity surveyors in respect of defects is Sutcliffe v Chippendale & Edmondson, (1971) 18 BLR 149, and the court considered that case and also the relevant textbooks before turning to the evidence in the present case. more »

"I didn't say that!"

8 Oct 2010: The decision in Alton B. Copeland Ltd. v Orkney Builders (Contractors) Ltd, illustrates the importance of recording all the elements of a contract in writing, rather than relying upon oral agreement or a handshake, even when the parties concerned have been dealing with each other for a long period. more »

Bank's step-in rights under a collateral warranty

1 Oct 2010: The Royal Bank of Scotland plc agreed to provide finance to the defendants' company for the acquisition of a property to be developed into a hotel under an amended JCT Standard Form of Building Contract 1998 Edition with Quantities. more »

Eight tips for getting the best out of your construction lawyer

30 Sep 2010: Let's face it, using lawyers to advise on a particular transaction or to help to resolve a dispute is something that people try to avoid. There are good reasons for this, as Pinsent Masons’ John Williams explains. more »

Concurrent Adjudication & Arbitration Proceedings

24 Sep 2010: The claimant was the employer and the defendant the contractor under a contract for the construction of a multi-storey car park. Initially work was due to be completed on 23 July 2007, but two extensions were granted taking the date to 24 February 2009. more »

Ontario court decision emphasises need for proof of variations.

20 Sep 2010: The parties entered into a framing contract but disputed its terms. The claimant performed no work after February 2007, and a replacement contractor was brought in. more »

Liquidated damages clause was not a penalty

10 Sep 2010: The claimant was a builder of luxury yachts. Under a Yacht Construction Contract dated 25 September 2008, the claimant agreed to construct a yacht for a special purpose company called Shoreacres Ltd for 38 million (Euros) which was payable in instalments. more »

Good Heavens ~ Duty To Warn And Supervening Event

3 Sep 2010: The insurers of a church sued Chubb for providing a fire extinguisher which, when discharged, caused a mess which cost 240,000 to clean up. The extinguisher had been discharged by vandals who had gone into the church, The insurers sought to recover the clean-up costs. Chubb argued that the supervening event rendered them not liable. more »

Lack of contractor's notice does not defeat "prevention principle"

20 Aug 2010: The parties entered into a cost plus contract for the construction of houses on land owned by Gold City. The contract was the standard form cost plus contract issued by the Housing Industry Association Ltd. in June 2000 (AB 75 82). more »

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