Adjudication in UK Construction Contracts: A Critical Look – 39 Essex Chambers

‘This brief paper arises out of a 39 Essex Chambers seminar on the 19 March 2015. The title of the Seminar was “Adjudication Enforcement: Time for a Change?”. The seminar comprised two debates. The first debate considered the strengths and weaknesses of adjudication as it stands at the moment. The second debate looked afresh at the Human Rights Act and asked whether or not it might yet impact adjudication. Each debate has a short introduction. This paper is an amalgam of the two introductions.’

Full story (PDF)

39 Essex Chambers, 2nd April 2015

Source: www.39essex.com

Comments Off on Adjudication in UK Construction Contracts: A Critical Look – 39 Essex Chambers

Self-build and Custom Housebuilding Act 2015 – legislation.gov.uk

Posted April 2nd, 2015 in construction industry, housing, legislation by sally

Self-build and Custom Housebuilding Act 2015 published

Full text of Act

Source: www.legislation.gov.uk

Comments Off on Self-build and Custom Housebuilding Act 2015 – legislation.gov.uk

A loophole in the slavery bill could allow companies to hide supply chain abuses – The Guardian

Posted March 25th, 2015 in bills, company law, construction industry, forced labour, news, sale of goods by sally

‘The modern slavery bill now in parliament must ensure big business respects human rights in providing its goods and services worldwide, not just in the UK.’

Full story

The Guardian, 24th March 2014

Source: www.guardian.co.uk

Comments Off on A loophole in the slavery bill could allow companies to hide supply chain abuses – The Guardian

The Use of Building Information Modelling (“BIM”) the UK Experience – Thirty Nine Essex Street

Posted March 18th, 2015 in construction industry, intellectual property, news, reports by sally

‘The question we pose ourselves this morning is: to what extent is the use of Building Information Modelling (“BIM”) in the construction industry in the UK, changing the legal landscape for the liability of construction professionals for design defects in construction and engineering projects?’

Full story (PDF)

Thirty Nine Essex Street, January 2015

Source: www.39essex.com

Comments Off on The Use of Building Information Modelling (“BIM”) the UK Experience – Thirty Nine Essex Street

Group M UK Ltd v Cabinet Office – Henderson Chambers

‘The Technology and Construction Court has reiterated that, in considering whether to lift the statutory suspension of the placing of a public contract following a challenge by an unsuccessful tenderer, it will apply the American Cyanamid principles, as those principles are consistent with the requirements of Directive 2007/66/EC on the award of public contracts.’

Full story (PDF)

Henderson Chambers, 17th March 2015

Source: www.hendersonchambers.co.uk

Comments Off on Group M UK Ltd v Cabinet Office – Henderson Chambers

Savoye and another v Spicers Ltd – WLR Daily

Posted January 27th, 2015 in arbitration, construction industry, contracts, enforcement, law reports by sally

Savoye and another v Spicers Ltd [2014] EWHC 4195 (TCC); [2015] WLR (D) 17

‘The factual test of whether something formed “part of the land” for the purposes of section 105(1) of the Housing Grants, Construction and Regeneration Act 1996 was informed, but not circumscribed, by principles to be found in the law of real property and fixtures and ultimately was a question of fact and degree, looking at the purpose of the object or installation and having regard to the installation as a whole, rather than each individual element.’

WLR Daily, 15th December 2015

Source: www.iclr.co.uk

Comments Off on Savoye and another v Spicers Ltd – WLR Daily

Termination: The Pitfalls – Thirty Nine Essex Street

Posted November 18th, 2014 in construction industry, contracts, news by sally

‘Termination disputes are often very bitter, expensive and hard fought. They usually arise when there has been a complete breakdown in relationship between the employer and the contractor. If the party who believes that is is entitled to terminate the contract gets it wrong, it is very likely that its conduct will be regarded as repudiatory and the other party will be entitled to accept that breach and claim damages.’

Full story (PDF)

Thirty Nine Essex Street, October 2014

Source: www.39essex.com

Comments Off on Termination: The Pitfalls – Thirty Nine Essex Street

Constructing safety nets – Hardwicke Chambers

Posted November 18th, 2014 in construction industry, contracting out, guarantees, insolvency, news by sally

‘Notwithstanding the economic upturn, many UK contractors are still tendering for work at negative margins; sustaining losses; and arguably operating one major dispute away from the brink. This article examines the common forms of security used by employers to safeguard performance by contractors, and/or protect against insolvency, and considers the degree of comfort they afford.’

Full story

Hardwicke Chambers, 16th October 2014

Source: www.hardwicke.co.uk

Comments Off on Constructing safety nets – Hardwicke Chambers

An “appropriate deduction”: Whatever circumstances demand – Hardwicke Chambers

Posted November 18th, 2014 in construction industry, contracts, damages, interpretation, news by sally

‘This Article considers the TCC decision of Mul v Hutton Construction Limited [2014] EWHC 1797 (TCC), which provides authority on the meaning of an “appropriate deduction” in the JCT standard forms and the possible consequences of that decision for parties to such contracts.’

Full story

Hardwicke Chambers, 16th October 2014

Source: www.hardwicke.co.uk

Comments Off on An “appropriate deduction”: Whatever circumstances demand – Hardwicke Chambers

Net contribution clauses: What you need to know – Hardwicke Chambers

Posted September 25th, 2014 in construction industry, contracts, damages, limitations, news by sally

‘Most construction professionals will be familiar with net contribution clauses (NCCs) in consultants’ appointments and collateral warranties but their use should not necessarily be limited to the construction sector. They may be useful in any project where professionals from a multiplicity of disciplines are retained.’

Full story

Hardwicke Chambers, 19th September 2014

Source: www.hardwicke.co.uk

Comments Off on Net contribution clauses: What you need to know – Hardwicke Chambers

DCLG opens technical consultation on house building standards – OUT- LAW.com

‘The Department for Communities and Local Government (DCLG) opened a consultation last week on a series of proposed changes to the existing system of housing standards, which seek to reduce and simplify the rules house builders must comply with.’

Full story

OUT-LAW.com, 15th September 2014

Source: www.out-law.com

Comments Off on DCLG opens technical consultation on house building standards – OUT- LAW.com

Greenwich Millennium Village Ltd v Essex Services Group plc and others – WLR Daily

Greenwich Millennium Village Ltd v Essex Services Group plc and others: [2014] EWCA Civ 960; [2014] WLR (D) 309

‘A contractor (the respondent) to which building work had been subcontracted which it had in turn subcontracted to another contractor (the appellant) which undertook to indemnify the respondent against liability for the appellant’s negligence was not prevented by its own negligence from enforcing the indemnity clause.’

WLR Daily, 11th July 2014

Source: www.iclr.co.uk

Comments Off on Greenwich Millennium Village Ltd v Essex Services Group plc and others – WLR Daily

‘Pitiless’ Cardiff builders given jail sentences – BBC News

Posted July 4th, 2014 in conspiracy, construction industry, elderly, fraud, news, sentencing by tracey

‘Rogue builders who scammed older people out of over £70,000 have been given jail terms at Newport Crown Court.’

Full story

BBC News, 4th July 2014

Source: www.bbc.co.uk

Comments Off on ‘Pitiless’ Cardiff builders given jail sentences – BBC News

Construction blacklist compensation scheme opens – BBC News

Posted July 4th, 2014 in compensation, construction industry, news by tracey

‘Eight construction firms have announced the launch of a scheme aimed at compensating workers who were victims of past blacklisting in the industry. Under the scheme, workers on the list would be paid £4,000 on a fast-track basis rising to £20,000 if they can prove discrimination. In more serious cases, up to £100,000 could be awarded.’

Full story

BBC News, 4th July 2014

Source: www.bbc.co.uk

Comments Off on Construction blacklist compensation scheme opens – BBC News

Hopkins Developments Ltd v Secretary of State for Communities and Local Government – WLR Daily

Posted April 17th, 2014 in appeals, construction industry, inquiries, news, planning by tracey

Hopkins Developments Ltd v Secretary of State for Communities and Local Government: [2014] EWCA Civ 470;   [2014] WLR (D)  170

‘Guidance as to how the principles of natural justice operated in the context of a planning inquiry under the Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000.’

WLR Daily, 15th April 2014

Source: www.iclr.co.uk

Comments Off on Hopkins Developments Ltd v Secretary of State for Communities and Local Government – WLR Daily

Expert determination: Hidden pitfalls – Hardwicke Chambers

‘Expert determination is a process in which parties to a contract jointly instruct a third party to decide an issue between them. Its advantages are self-evident: quick, cheap, informal and contract-based, it has obvious attractions and can be found in many commercial contracts.’

Full story

Hardwicke Chambers, 3rd April 2014

Source: www.hardwicke.co.uk

Comments Off on Expert determination: Hidden pitfalls – Hardwicke Chambers

Patel and another v Peters and others – WLR Daily

Patel and another v Peters and others [2014] EWCA Civ 335; [2014] WLR (D) 147

‘Where the surveyor of a party involved in a dispute over building works affecting adjoining properties served a request under section 10(7) of the Party Wall etc Act 1996 on the surveyor of the other party that he act effectively in respect of the subject matter referred to in the request within ten days, after which, if he did not so act, the requesting surveyor became entitled to act ex parte in respect of the matter, a continuing state of affairs was created so that the other party’s surveyor might still act effectively after that ten-day period, thereby precluding the requesting surveyor from acting ex parte, provided that the requesting surveyor had not yet proceeded so to act.’

WLR Daily, 27th March 2014

Source: www.iclr.co.uk

Comments Off on Patel and another v Peters and others – WLR Daily

John Jenkins: Aylesbury conman builder jailed in absence – BBC News

Posted February 26th, 2014 in construction industry, fraud, news, sentencing, warrants by tracey

‘A builder who conned a “vulnerable and lonely” Hertfordshire widow out of £532,695 has been jailed for six years in his absence.’

Full story

BBC News, 26th February 2014

Source: www.bbc.co.uk

Comments Off on John Jenkins: Aylesbury conman builder jailed in absence – BBC News

High Court ruling means that challenges to arbitral awards in court remain difficult if parties have agreed to arbitrate, says expert – OUT-LAW.com

Posted February 20th, 2014 in appeals, arbitration, construction industry, news, tribunals by michael

‘A recent decision by the Technology and Construction division of the High Court has underlined how unlikely it is that a court will interfere with an award made by an arbitration tribunal.’

Full story

OUT-LAW.com, 19th February 2014

Source: www.out-law.com

Comments Off on High Court ruling means that challenges to arbitral awards in court remain difficult if parties have agreed to arbitrate, says expert – OUT-LAW.com

Court of Appeal decision on limitation periods could have adverse consequences for contracting parties, says expert – OUT-LAW.com

Posted December 13th, 2013 in appeals, construction industry, contracts, limitations, news, time limits by sally

‘A recent court decision which changed the point at which the six years within which a contractor must begin litigation in the courts starts to run could lead to uncertainty for the successful party to an earlier adjudication, an expert has said.’

Full story

OUT-LAW.com, 12th December 2013

Source: www.out-law.com

Comments Off on Court of Appeal decision on limitation periods could have adverse consequences for contracting parties, says expert – OUT-LAW.com