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Fri April 20 2018

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News » Construction Law Updates

Construction Law Updates

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Scottish court sets out principles on concurrent delays and dominant cause

23 Jul 2010: City Inn commenced the present action, arguing that Shepherd was not entitled to any further extension of time. more »

Legal questions arising from halting of BSF

16 Jul 2010: The decision to axe Building Schools for the Future has raised a series of contractual questions for clients, construction companies, and other parties involved in the programme. Pinsent Masons explains. more »

Adjudicator did not communicate decision "in reasonable time"- Decision void

9 Jul 2010: The Technology and Construction Court has ruled that an adjudicator did not communicate his decision to the parties in a "reasonable time" as required by the Scheme for Construction Contracts and it was unenforceable. more »

Delivery of "notice of dissatisfaction under the engineering and construction contract

5 Jul 2010: Anglian Water Services Ltd. v Laing O'Rourke Utilities Ltd. [2010] EWHC 1529 (TCC) more »

10 top tips to avoiding construction payment disputes

2 Jul 2010: The Construction Industry has suffered more than most through the recession and despite the imminent introduction of new legislation, payment problems in the industry continue to be commonplace. more »

Submitting Loss and Expense Notice not Onerous, Says Court

25 Jun 2010: It was a condition precedent that a subcontractor seeking loss and expense must issue a notice in accordance with the procedures set down in the contract or lose his entitlement. more »

Estimators Error in Submitting Quotation

25 Jun 2010: A subcontractor's tender was submitted omitting the price for the cladding works. The main contractor took the quotation has including both the structural steelworks and the cladding. more »

Adjudicators Award a Nullity

25 Jun 2010: This is a rare case where an adjudicator's award was held to be a nullity because he had misconstrued the extent of his jurisdiction. more »

Precedence of dispute resolution clauses in JCT 2005 MW

25 Jun 2010: Carter was appointed by the Prices under a JCT 2005 MW form of contract for the demolition of their bungalow and construction of a new house for £226,000. more »

Formation of contract

24 Jun 2010: The judge could not accept that the arrangements between the claimant and NWM were what it called 'management arrangements'. more »

Adjudication and contracts in writing

24 Jun 2010: A specimen order and the other standard subcontract terms had not been incorporated into the subcontract. more »

Challenges to contract awards under the public procurement rules

24 Jun 2010: Varney tendered unsuccessfully for the operation of 18 Household Waste Recycling Centres in Hertfordshire, and claimed damages against the council under regulation 47(6) of the Public Contracts Regulations 2006. more »

Adjudication and set-off

24 Jun 2010: The claimant contractor applied for summary judgement to enforce an award made by an adjudicator. more »

Equitable Set-Off Test

23 Jun 2010: Simon Carves applied to set off a counterclaim for damages for repudiation of an installation contract made with the respondent, Geldof Metaalconstructie NV (“Geldof”), against Geldof’s’ claim for the price of equipment which it, more »

Jean Shaw v James Scott Builders Co.

28 May 2010: A contractor's failure to respond to the proposed contract e-mailed to him meant that he had tacitly accepted it and its conditions. more »

Challenges to public contracts under the European threshold.

11 May 2010: Clackmannshire Council, advertised contract worth £2.5m for replacement of kitchens and bathrooms in council houses in Alloa and Tillicoultry. more »

Shanahan Engineering Ltd. v UNITE Union

25 Apr 2010: Shanahan appealed against an Employment Tribunal's finding that it had been in breach of its duty to consult with trade union representatives over redundancies caused by changes to its contract with Alstom more »

Irish court rejects insolvency fears as an excuse for abandoning the works:

9 Apr 2010: The Irish Supreme Court has rejected a contractor's contention that it was justified in abandoning the works because, if it continued, it risked insolvency more »

Sita UK Ltd. v Greater Manchester Waste Disposal Authority

6 Apr 2010: The Greater Manchester Waste Development Authority invited a number of contractors to tender for a £320m waste disposal project in the UK. more »

Scottish Widow Services Ltd. v Harmon/ CRM Facades, Building Design Partnership and W.S.A. Inc. 23 March 2010

26 Mar 2010: Two separate actions were brought to enforce a series of collateral warranties given in connection with the construction of a new head office for the Scottish Widows Fund and Life Assurance Society more »

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