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Mon December 11 2017

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News » Construction Law Updates

Construction Law Updates

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How to ensure payment by an overseas client

1 Aug 2012: How can a UK contractor enforce payment from an overseas client? Laura Phoenix explains. more »

Mivan case highlights defects minefield

26 Jun 2012: A dispute between contractor Mivan and its developer client Point West has illustrated the importance of addressing defects in settlement agreements, writes Thomas Eggar's Kim Teichmann. more »

Sweett wins contractual dispute after contractor is liquidated

30 Mar 2012: Construction consultancy Sweett has won a legal dispute with a house-builder client after a contractor went into liquidation. more »

Mulalley case rules in favour of subcontractor

13 Mar 2012: A court has ruled that a subcontract did not contain an implied term requiring a subcontractor to proceed regularly and diligently. Its obligation was limited to completing on time. more »

Pay less notices: clearing up confusion

1 Feb 2012: The Construction Act changes last autumn has caused uncertainty over pay less notices. Laura Phoenix from Thomas Eggar explains the criteria for an effective pay less notice, and clarifies the wording of the new act. more »

Contracts in writing again

19 Dec 2011: Camden Council's challenge to an adjudicator's awards has been dismissed by the Technology and Construction Court. The Council had argued that the adjudicator appointed to the dispute with contractor Sprunt Ltd. more »

Architect's duty to act fairly in certification and granting extensions of time

10 Nov 2011: An architect is under a duty to act fairly in certification and the granting of extensions of time. In the present case, the Superintendent had held the dual roles of project architect and Superintendent so that there was a real possibility of conflict. The employer was also under a duty to ensure that she arrived at a reasonable measurement of the value of the work. The court was entitled to open up and review her decisions. more »

Not a total failure

3 Nov 2011: P. C. Harrington claimed that it was not liable to pay an adjudicator's fees because there had been a "total failure of consideration". The adjudicator's decision had not been enforced because he had fallen below the standards required. more »

Contractual status of signed delivery dockets

29 Oct 2011: In Noreside Construction Ltd. v Irish Asphalt Ltd the issue was what were the terms of the supply contract between the parties, and the contractual status of the delivery dockets signed when aggregate was delivered to site. more »

10 key points about the Construction Act changes

18 Oct 2011: Alistair Kennedy, a solicitor in the construction team at Tods Murray, explains the key things to know about this month's changes to the Construct Act. more »

Leave to appeal against an arbitrator's decision for alleged error of law

10 Oct 2011: This was an application for leave to appeal against an arbitration award on the basis of legal error, and the first case of its kind to be brought under the Arbitration (Scotland) Act 2010, which came into force on 7 June 2010, and concerned a building contract more »

Rights and Obligations under Back-to-Back Contracts

4 Oct 2011: The parties’ dispute concerned the extent of the coverage of this alternative design for demolition and hoarding works. The letter of award for the subcontract stated that it was to be a lump sum fixed price contract and back-to-back with the main contract. Brington maintained that Cheerise was responsible for the design as this was a back-to-back contract. more »

No entitlement to damages for breach of land swap agreement

27 Sep 2011: but ... Failure to provide adequate alternative site was a breach... Both parties were house builders. more »

Surveyors Concurrently Liable in Tort and Contract

13 Sep 2011: Drivers Jonas has been held liable for damages of £18.05m for breach of duty of care in valuation of commercial property. The surveyors had held themselves out to be specialists and the claimants had been entitled to rely upon their advice when deciding whether or not to acquire a factory shopping outlet. more »

You can't blame it on us

5 Sep 2011: A hair dressing salon sued a contractor when a fire caused by a pump which the contractor had installed damaged the salon and spa. The contractor tried to pass on the blame to the supplier and manufacturer, but the court found that the contractor's omissions meant that it could not avoid liability more »

Contractor must lead evidence to prove that a clause is a penalty

8 Aug 2011: It was for the contractors challenging a clause which they claimed was a penalty to prove that it was not a genuine pre-estimate of damages. more »

Contractor cannot rely upon the prevention principle

1 Aug 2011: The Technology and Construction Court has thrown out a contractor's attempt to rely upon the prevention principle to excuse the delay on a project. The contractor alleged that the delays had been caused by the employer and the statutory undertakers. more »

Adjudicator's decision based on without prejudice material will not be enforced

22 Jul 2011: The Technology & Construction Court has ruled that an adjudication decision based on without prejudice material will not be enforced by the courts. When "without prejudice" communications are presented in court, because judges are legally qualified, they can usually put them out of their mind. In adjudication, however, because most adjudicators are not legally qualified, there is a sense of "unease" that such material might influence the adjudicator. For this reason, without prejudice communications should not be put before an adjudicator, and lawyers who do so may face professional disciplinary action. more »

Dissenting party still liable for adjudicator's fees

12 Jul 2011: A party who disagreed with the amount of fees charged by an adjudicator was still liable to pay them.By taking part in the adjudication, it was taken that they had agreed to the fees. As long as the hourly rate claimed by an adjudicator is not clearly outside an overall band of reasonableness, there would be no basis to interfere. more »

But I thought you meant ...

4 Jul 2011: Morgan Utilities thought they had an agreement with Scottish Water on how they were going to be paid, but no one wrote it down ..... more »

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