Construction Law Updates
7 Jun 11: Two companies have been found liable for the financial loss suffered by Network Rail when its apparatus was damaged due to the negligence of their drivers. The damage caused disruption to the rail service and made Network Rail liable to the Train Operating Companies under their Track Agreements. The companies were held to be liable for that financial loss.
24 May 11: 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.
31 Mar 11: 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.
22 Mar 11: 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.
15 Mar 11: 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.
8 Mar 11: 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.
1 Mar 11: 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.