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News » Construction Law Updates

Construction Law Updates

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Your Serve

24 May 2011: Lanes tried to argue that Galliford Try's referral and statement of case in the adjudication had been served out of time. The parties' adjudication was being run under the ICE's Adjudication procedure. The court rejected the submission, finding that the documents had been served within the required two days over a weekend when the clocks were changed to British Summer Time. more »

This is the limit

17 May 2011: The court has thrown out home owners' claim that engineers were negligent because they did not commence the action in time. They should have started proceedings as soon as they suspected that there was a defect which required further investigation. more »

No liability under the defective premises act

9 May 2011: The Court of Appeal has overturned a judge's decision that the conversion works on a house were so extensive as to change its identity and so make the project manager liable to the purchasers under the Defective Premises Act 1972. more »

Breach of an adjudication agreement is not repudiatory

28 Apr 2011: The Technology and Construction Court has ruled that although a party may be in breach of an adjudication agreement by failing to follow the procedure contained in the contract, such a breach cannot be repudiation of the agreement more »

Don't leave it too late to bring a claim for defects

12 Apr 2011: The decision in Clinton Eagle v Redlime Ltd., [2011] EWHC 838 (QB) demonstrates the importance of acting quickly to bring a case for defective works. It all hinges on the date when the claimant is deemed to have "constructive knowledge". more »

Communicating effectively under the NEC

12 Apr 2011: Notices " in particular their proper service " continue to be a hot topic following the decision by the Scottish Courts in Education 4 Ayrshire v South Ayrshire Council. more »

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 »

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