‘Coronavirus, or COVID-19, is impacting all parts of our lives. Currently, the focus in the construction industry is rightly on the safety of workers still attending sites. No doubt, the future will see litigation on whether the coronavirus gives rise to extensions of time, force majeure, frustration or other legal rights or remedies.’
Practical Law Construction Blog, 15th April 2020
‘This article, the second in a series of three articles, considers the effect of Coronavirus on the contract regimes applicable to NEC forms of contract. Other articles cover JCT terms, and the possible impact of the common law principle of frustration.’
39 Essex Chambers, 27th March 2020
Source: www.39essex.com
‘This article, the first in a series of three articles, considers the effect of Coronavirus on the contract terms applicable to the JCT form of contract. Other articles cover NEC terms, and the possible impact of the common law principle of frustration.’
39 Essex Chambers, 26th March 2020
Source: www.39essex.com
‘The Housing Grants, Construction and Regeneration Act 1996 created hybrid contracts, and with that, complications as to the relationship between these contracts and the Act. In the significant case of C Spencer Limited v M W High Tech Projects UK Limited [2020] EWCA Civ 331, Lord Coulson clarifies whether a valid payment notice ought to separately identify the sum due in respect of construction operations.’
Hardwicke Chambers, 26th March 2020
Source: hardwicke.co.uk
‘In PBS Energo v Bester Generacion [2020] EWHC 223 (TCC), the Technology and Construction Court concluded that asbestos contamination, encountered on a biomass energy plant construction project, had been foreseeable in light of the pre-contract information provided to the subcontractor. The effect of this was that the subcontractor had not been entitled to an extension of time.’
Law Society's Gazette, 30th March 2020
Source: www.lawgazette.co.uk
‘Grenfell was the worst residential fire in UK peacetime history, with 72 people losing their lives. We now know what happened – the report on phase one of the public inquiry has been published – but the next phase is spending months investigating why it happened, and considering who might be to blame.’
BBC News, 13th March 2020
Source: www.bbc.co.uk
‘The Court of Appeal in London has ruled that UK construction law does not require hybrid contracts to include distinct notifications with separate break downs for construction operations and non-construction operations.’
OUT-LAW.com, 9th March 2020
Source: www.pinsentmasons.com
‘Tenants and building owners frequently devolve management of their repair and maintenance responsibilities to management companies, who often enter into agreements with contractors for the repair and maintenance of the buildings they manage. This can be an attractive prospect from an administrative point of view, keeping such contractual arrangements at arm’s length from an occupier who lacks the resource, expertise or appetite to manage and monitor such relationships. However, devolving responsibility for entering into maintenance contracts is not without risk if no provision is made for recourse should things go awry as illustrated by the recent first instance case of John Innes Foundation and others v Vertiv Infrastructure Ltd.’
Practical Law Construction Blog, 26th February 2020
‘On 7 February 2020 Mrs Justice Cockerill DBE handed down judgment in PBS Energo AS v Bester Generacion UK Ltd & Anor [2020] EWHC 223 (TCC). Steven Walker QC and Tom Owen appeared for Bester instructed by Rebecca Williams of Watson Farley Williams.’
Atkin Chambers, 7th February 2020
Source: www.atkinchambers.com
‘A judge has said cowboy traders can be “professional, legitimate and hard working”, as he jailed a rogue plumber.’
Daily Telegraph, 11th February 2020
Source: www.telegraph.co.uk
‘The chairman of the Grenfell Tower inquiry has backed a request from firms that refurbished the building that evidence they give should not be used against them in criminal prosecutions.’
BBC News, 7th February 2020
Source: www.bbc.co.uk
‘People who worked on the Grenfell Tower refurbishment could face the threat of being jailed for life, their lawyers have said, with witnesses interviewed by police believing they could be charged with manslaughter.’
The Guardian, 30th January 2020
Source: www.theguardian.com
‘The Government has unveiled plans for a new regulator to oversee the design, construction and occupation of high-risk buildings.’
Local Government Lawyer, January 2020
Source: www.localgovernmentlawyer.co.uk
‘On 5 December 2019, the Court of Appeal handed down its judgment in Manchikalapati and others v Zurich Insurance plc and East West Insurance Company Ltd. The underlying case concerned a large block of flats in Manchester that were seriously defective.’
Practical Law Construction Blog, 22nd January 2020
‘Planned measures to improve high-rise residential building and fire safety in England will be speeded up, the UK government has announced.’
OUT-LAW.com, 22nd February 2020
Source: www.pinsentmasons.com
‘A north-west law firm has won what it believes is the first contested case against installers of faulty cavity wall insulation.’
Litigation Futures, 17th June 2019
Source: www.litigationfutures.com
‘It is well known that practical completion is often easier to recognise than it is to define, which is why the Court of Appeal’s judgment in Mears Ltd v Costplan Services (South East) Ltd and others is an important read for construction practitioners.’
Practical Law: Construction Blog, 29th March 2019
‘In this case tender documentation appended to the Sub-Contract documentation had the effect of limiting the scope of obligations under the Sub-Contract.’
Hardwicke Chambers, 25th January 2019
Source: hardwicke.co.uk
‘The extent to which property owners of a defective building have a valid claim against professionals with involvement in the development is a subject that has recently seen an upsurge in interest and litigation. In the past months two TCC judgments have been published that consider the particular role and potential liabilities of approved inspectors (AIs): Zagora Management Ltd and others v Zurich Insurance plc and others and Lessees and Management Company of Herons Court v Heronslea Ltd and others.
To the disappointment of property owners, and perhaps the relief of insurers, these cases demonstrate the difficulties claimants face in succeeding against AIs.’
Practical Law: Construction Blog, 11th February 2019
‘The Court of Appeal has recently upheld Coulson J’s judgment in Grove Developments Limited v S&T (UK) Limited [2018] EWCA Civ 2448, confirming that an employer is entitled to refer to adjudication a dispute over the true value of a contractor’s interim payment application despite failing to serve a valid pay less notice. However, the Court also stressed that this entitlement to adjudication could only be exercised after the employer paid the sum due in the interim payment application.’
Hardwicke Chambers, 15th November 2018
Source: hardwicke.co.uk
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