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Construction Law Updates

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First conviction for corporate manslaughter

5 Apr 2011: On 15 February 2011, Cotswold Geotechnical (Holdings) Limited became the first company to be convicted of corporate manslaughter under the Corporate Manslaughter and Corporate Homicide Act 2007. more »

The End of Expert Witness Immunity?

5 Apr 2011: The Supreme Court has cast doubt on the justification for expert witness immunity and whether its removal would lead to an increase in vexatious litigation. The Court expressed the view that the immunity currently enjoyed by experts should be abolished. more »

Acceptance Certificate Makes Bond Null & Void

31 Mar 2011: Simon Carves Ltd. (SCL) contracted with the defendant Ensus, for the construction of a bioethanol plant in Teesside. The contract incorporated the provisions of the Institution of Chemical Engineers Red Book 2001 edition, but was amended by special conditions which the parties had agreed. more »

Frolicking Adjudicators, Batman!

22 Mar 2011: The unsuccessful party in an adjudication challenged the decision arguing that the adjudicator had acted in breach of natural justice because he had determine the issue of delays and the builder's entitlement to an extension of time on the basis of his own knowledge and expertise, and failed to give the parties to comment on his methods. more »

Strong Arm Stuff

15 Mar 2011: Michael Phillips Architects was appointed by Mr. and Mrs. Rilkin to provide architectural services for the refurbishment of an old house they had bought in Lymington. From the beginning of the project, the defendants had been conscious of cost, and they had made this clear to the claimant. more »

Using public sector assets to fund regeneration

10 Mar 2011: With the tightening of public spending, local authorities must look for new ways of maintaining investment in regeneration. more »

Recovering tender costs as damages

8 Mar 2011: The Coalition Government's decision to axe the Building Schools for the Future ("BSF") programme in early July 2010 has been controversial on a number of counts. At the time, it was estimated that over 700 schools would no longer be built or refurbished under the programme and wasted bidding costs potentially totalled more than £100 million. more »

Don't waste time bringing challenge under the public procurement rules

1 Mar 2011: The Court of Appeal has rejected an appeal by Sita UK, whose challenge against the Greater Manchester Waste Disposal Authority's award of a multi million pound waste contract to Viridor Laing was struck out as being outside the three-month time limit in the public procurement regulations. The Court held that Sita had had the constructive knowledge to bring the claim in time. more »

Concurrent and excusable delays

20 Feb 2011: The US Coast Guard awarded the claimant a contract for the supply of prefabricated structures and outdoor smoking shelters. The claimant’s contract contained a liquidated damages clause which provided for damages of $551 for each day of delay. more »

Dredging subcontractor avoids liability for design

13 Feb 2011: A dredging subcontractor has escaped liability for the design of dredging works due to the exclusion clause in its tender. more »

Secret Agent

31 Jan 2011: When CNA Associates attempted to enforce an adjudicator's award for their fees for quantity surveying and project management services, they came up against questions about the adjudicator's jurisdiction and whether there was a written contract with the principal. more »

Recovering the costs of managerial time, as damages.

31 Jan 2011: Unfortunately there are times when disputes cannot be avoided. Parties will try to recover all the costs that have arisen as a result of the dispute including large internal costs. more »

Contractor still liable for CITB levy for workers engaged through services company

21 Jan 2011: The CITB- ConstructionSkills imposes a levy on employers in the construction industry in order to fund training. Beacon had been liable to pay such a levy for a number of years. more »

For goodness' sake, get it in writing

14 Jan 2011: The claimant contractor claimed £1,226,552.45 damages plus interest allegedly sustained as a consequence of breaches of contract by the defendant, a development company, or alternatively, a quantum meruit for work carried out for the defendant. more »

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 »

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