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Wed February 21 2018

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News » Construction Law Updates

Construction Law Updates

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Performance bond or guarantee: spot the difference

4 Feb 2013: The distinction between performance bonds and guarantees is not always clear. Mark Clinton reports. more »

New director for construction law centre

30 Jan 2013: Dr David Mosey, head of projects and construction at law firm Trowers & Hamlins, has been offered a chair of law at King's College London as director of its Centre of Construction Law & Dispute Resolution. more »

Letters of intent have unintended impact

4 Jan 2013: Turner & Townsend has learned the hard way that courts regard letters of intent as no substitute for a contract. Thomas Eggar LLP associate Laura Phoenix reports. more »

Interserve cleared of blacklisting allegation

11 Dec 2012: A new spin on the blacklisting saga has emerged from a court hearing that suggests that trades unions may be as guilty of black arts as construction companies. more »

Harrington case offers progress on adjudication fees issue

27 Nov 2012: Court finds that you are NOT liable for the adjudicator's fees if the decision is unenforceable. Rebecca Evans reports. more »

Deeming provisions can lose their potency over time

28 Oct 2012: Can a contractor ‘deem’ a subcontractor’s property rights away? Laura Phoenix reports. more »

The importance of terms and conditions

19 Sep 2012: Exclusion clauses in your terms and conditions could save your business, reports Thomas Eggar LLP senior associate Kim Teichmann. more »

Court finds for contractor

27 Aug 2012: Rebecca Evans, solicitor with Thomas Eggar LLP, reports on a case that offers good news for contractors in England. more »

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 »

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