The Structural Engineer’s Professional Duty to Warn and Goldswain v Beltec Ltd [2015] – Hardwicke Chambers

‘The duty to warn arises as no more than an aspect of the duty to act with the skill and care of an ordinarily competent professional. The existence of the duty recognises that in some circumstances the professional must go beyond what is specified as the desired performance in a contract (e.g. carrying out a design) and account for any risks of which he is aware by virtue of that expertise and warn others who may not be so aware.’

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Hardwicke Chambers, 19th April 2016

Source: www.hardwicke.co.uk

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To notify or not to notify: the impact of contact terms on common law rights to terminate – Hardwicke Chambers

Posted April 27th, 2016 in compensation, construction industry, contracts, damages, news, notification by sally

‘In Vinergy International (PVT) Ltd v Richmond Mercantile Ltd FZC [2016] EWHC 525 (Comm), Teare J held that the notice requirements contained in the termination provisions of a master supply agreement (the MSA) did not apply to an innocent party’s exercise of its common law right to terminate the agreement by accepting the other party’s repudiatory breach.’

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Hardwicke Chambers, 26th April 2016

Source: www.hardwicke.co.uk

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What are you referring to…?” The increased latitude required when considering adjudicators’ jurisdiction – Hardwicke Chambers

Posted April 14th, 2016 in arbitration, construction industry, contracts, jurisdiction, news by sally

‘With both the US and London mayoral elections gaining momentum, and leading commentators poised to offer independent research, enlivened views and sage analysis, you really would be forgiven for not having had your eyes trained on recent enforcement action in the TCC.’

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Hardwicke Chambers, 1st April 2016

Source: www.hardwicke.co.uk

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The New Stomping Ground: Validity of Payment Applications – Hardwicke Chambers

Posted February 24th, 2016 in construction industry, contracts, enforcement, news, time limits by sally

‘Since the consequences of failing to serve a valid and timely payment notice or pay less notice can be severe (see ISG Construction Ltd v Seevic College1), it perhaps should come as no surprise that in recent cases, there has been increasing attention on the validity of the application for payment because, without this, there can be no “notified sum” due to the contractor and, therefore, no requirement to serve a payment or pay less notice.’

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Hardwicke Chambers, 3rd February 2016

Source: www.hardwicke.co.uk

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Henia v Beck: Time for a Rethink? – Hardwicke Chambers

Posted February 23rd, 2016 in construction industry, consultations, news, notification, remuneration by sally

‘Google the decision in Henia Investments Inc v Beck Interiors Ltd and you will find a raft of articles championing the decision as adding yet further weight to the argument that payment applications submitted by the “payee” must be clear and unambiguous.’

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Hardwicke Chambers, 3rd February 2016

Source: www.hardwicke.co.uk

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Caledonian Modular Ltd v Mar City Developments Ltd [2015] EWHC 1855 (TCC) – Hardwicke Chambers

Posted February 23rd, 2016 in construction industry, contracts, news, notification, remuneration by sally

‘The TCC determined that an ambiguous set of accounts sent by email were not a valid application for interim payment, with the result that the corresponding payless notice had been issued in time. The case serves as a reminder to contractors that the substantial benefits of the HGCRA payment provisions come with the clear obligation to make the nature and content of any application for interim payment obvious to an employer, or else the courts will likely find such an application to be invalid.’

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Hardwicke Chambers, 3rd February 2016

Source: www.hardwicke.co.uk

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Leeds City Council v Waco UK Ltd [2015] EWHC 1400 (TCC) – Hardwicke Chambers

Posted February 23rd, 2016 in construction industry, estoppel, local government, news, remuneration, time limits by sally

‘The TCC had to determine whether an interim payment application made 6 days before the specified contractual date was rendered invalid for being too early. The key issue was whether it was possible that consistent failures to adhere to the contractual payment provisions would create an estoppel which would prevent an out of time payment application from being found invalid. Although Edwards-Stuart J found that it was arguable there was an estoppel for applications made a few days after the contractual date, there was no such estoppel for applications made early and so the application was found to be invalid.’

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Hardwicke Chambers, 3rd February 2016

Source: www.hardwicke.co.uk

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Henia Investments Inc v Beck Interiors Ltd [2015] EWHC 2433 (TCC) (14 August 2015) – Hardwicke Chambers

Posted February 23rd, 2016 in construction industry, contracts, news, notification, remuneration by sally

‘The TCC had to determine whether an interim application for payment made by a contractor was valid where it was ambiguous which payment date the application had been made for. Akenhead J determined that this ambiguity would be construed against the contractor and in favour of the employer, with the result that the contractor could not reap the benefit of his own valuations becoming the sum due without having made absolutely clear to the employer the nature and purpose of each application.’

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Hardwicke Chambers, 3rd February 2016

Source: www.hardwicke.co.uk

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The dirty tricks of the Shrewsbury trials expose the dark heart of the radical 1970s – The Guardian

Posted December 8th, 2015 in conspiracy, construction industry, intimidation, media, news, trade unions, trials by sally

‘The trials of 24 trade unionists, including Ricky Tomlinson, seem to have been unduly influenced by Edward Heath. The more we learn about that decade, the more its injustices will haunt us.’

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The Guardian, 7th December 2015

Source: www.guardian.co.uk

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Court of Appeal: employer may challenge the amount due under a builder’s final account despite his failure to serve a pay less notice – OUT-LAW.com

Posted December 4th, 2015 in appeals, construction industry, contracts, dispute resolution, news by tracey

‘Failure to serve a payment or pay less notice does not prevent an employer from disputing his building contractor’s final account in adjudication proceedings, even where the contractor has already obtained an adjudicator’s decision in his favour, the Court of Appeal has ruled.’

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OUT-LAW.com, 3rd December 2015

Source: www.out-law.com

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Judge questions ‘astonishing’ £1.3m for consultancy fees – Law Society’s Gazette

‘The High Court has sent a strong signal to law firms ‘sub-contracting’ disclosure work to third parties.’

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Law Society’s Gazette, 2nd December 2015

Source: www.lawgazette.co.uk

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Tarmac wins Court of Appeal battle over quarry restoration and waste – Local Government Lawyer

Posted November 19th, 2015 in appeals, construction industry, EC law, news, planning, waste by tracey

‘Tarmac has won a Court of Appeal battle over whether the use of waste in restoring a quarry was waste disposal or waste recovery.’

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Local Government Lawyer, 18th November 2015

Source: www.localgovernmentlawyer.co.uk

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Open Offers: A Practical View from the Bar – Littleton Chambers

Posted November 12th, 2015 in civil procedure rules, construction industry, costs, news by sally

‘In his monthly column, James Bickford Smith discusses the High Court’s decision in The Dorchester Group Limited t/a The Dorchester Collection v Kier Construction Limited [2015] EWHC 3051 (TCC) concerning an open offer of settlement.’

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Littleton Chambers, 11th November 2015

Source: www.littletonchambers.com

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‘Fair presentation of risk’ and the Insurance Act 2015 – Hardwicke Chambers

Posted October 7th, 2015 in construction industry, disclosure, insurance, news by sally

‘The Insurance Act 2015, which does not come into force until August 2016, changes the way in which insurance is conducted. The delay in commencement of the Act is intended, at least in part, to give insurers time to change their policy wording and procedures. It is likely that some of the new policy wordings and procedures will give rise to disputes and in the context of construction insurance in particular, there are likely to be issues relating to the concept of fair presentation of risk that is introduced by the Act.’

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Hardwicke Chambers, 14th September 2015

Source: www.hardwicke.co.uk

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Fitness for purpose clauses in construction contracts – Hardwicke Chambers

Posted August 27th, 2015 in appeals, construction industry, contracts, foreign jurisdictions, news by sally

‘Despite heightened focus on fitness for purpose clauses following the Court of Appeal’s recent decision in MT Hojgaard A/S v E.ON Climate and Renewables UK Robin Rigg East Ltd [2015] EWCA Civ 407 (“Robin Rigg”), such clauses are not new and have been used in construction contracts for a number of years.’

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Hardwicke Chambers, 11th August 2015

Source: www.hardwicke.co.uk

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Developer ordered to rebuild historic pub after demolishing it without planning permission – Daily Telegraph

Posted July 23rd, 2015 in construction industry, local government, news, planning by sally

‘Udhyam Amin was accused of trying to get planning permission ‘by the back door’ after pulling down the Alchemist pub in Battersea.’

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Daily Telegraph, 23rd July 2015

Source: www.telegraph.co.uk

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Jackson issues costs penalty for bundle that proved an “obstacle course” – Litigation Futures

Posted July 10th, 2015 in appeals, civil procedure rules, construction industry, costs, judges, news by tracey

‘The bundle prepared for the Court of Appeal should be an aid, “not an obstacle course”, Lord Justice Jackson has said in ruling that no party in a case before him would be entitled to recover the costs of preparing it.’

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Litigation Futures, 10the July 2015

Source: www.litigationfutures.com

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High Court dismisses challenge to refusal for 320-home greenfield scheme – OUT-LAW.com

Posted July 7th, 2015 in appeals, construction industry, news, planning by sally

‘The High Court has found that a planning inspector did not make errors of law in his decision to dismiss an appeal that would have permitted a 320-home development on a greenfield site to the south of Stafford.’
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OUT-LAW.com, 7th July 2015

Source: www.out-law.com

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Aspect Contracts (Asbestos) Ltd v Higgins Construction plc – WLR Daily

Aspect Contracts (Asbestos) Ltd v Higgins Construction plc: [2015] UKSC 38; [2015] WLR (D) 261

‘An unsuccessful party in a construction contract adjudication was entitled to be repaid any money paid pursuant to the adjudication if the underlying dispute was finally determined in his favour, and the cause of action for the recovery of such money accrued on the date on which the money was paid. However, the cause of action of a party who wished to bring proceedings for more than the amount which he had been awarded under an adjudication accrued on the date of the relevant breach of contract or duty.’

WLR Daily, 17th June 2015

Source: www.iclr.co.uk

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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.’

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39 Essex Chambers, 2nd April 2015

Source: www.39essex.com

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