Using Part 8 to “appeal” adjudicator’s decision – Practical Law: Construction Blog

Posted September 12th, 2017 in appeals, arbitration, construction industry, contracting out, contracts, news by tracey

‘It isn’t every day that we get to refer to Will Smith’s “wicky wicky wild wild wild west“, on this blog, but Jonathan managed it last year when he discussed Fraser J’s judgment in Beumer Group UK Ltd v Vinci Construction UK Ltd. The parties have been before the court again, this time before O’Farrell J, on a Part 8 declaratory relief application. There is no mention of the wild west this time around. It was all about whether the adjudicator had correctly interpreted the parties’ sub-contract. Not a subject for cowboys!.’

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Practical Law: Construction Blog, 12th September 2017

Source: constructionblog.practicallaw.com

Unite asks barrister to examine worker blacklisting collusion claims – The Guardian

Posted August 30th, 2017 in construction industry, employment, news, reports, trade unions by sally

‘Britain’s biggest trade union has commissioned a barrister to examine allegations that union officials colluded with a covert blacklisting operation financed by major firms to prevent certain workers from being employed.’

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The Guardian, 29th August 2017

Source: www.theguardian.com

Court grants injunction to allow client access to design data held in BIM model – OUT-LAW.com

Posted August 29th, 2017 in computer programs, construction industry, contracts, injunctions, news by tracey

‘The High Court has granted an interim injunction requiring a consultant to reinstate its client’s access to design data held in a building information modelling (BIM) system to which it controlled access.’

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OUT-LAW.com, 29th August 2017

Source: www.out-law.com

Judge quashes decision by minister over dismissal of planning conditions – Local Government Lawyer

Posted August 23rd, 2017 in appeals, construction industry, news, planning by sally

‘A judge has quashed a decision by Communities Secretary Sajid Javid to overrule an inspector and refuse planning permission for a housing development in Cheshire.’

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Local Government Lawyer, 22nd August 2017

Source: www.localgovernmentlawyer.co.uk

Revisiting reasonable skill and care: have construction professionals lost Bolam protection without even noticing? – Hardwicke Chambers

Posted August 22nd, 2017 in appeals, construction industry, negligence, news, Supreme Court by sally

‘In recent years there has been increasing interest as to whether construction professionals need to produce an end design that is fit for purpose or simply to show that they exercised reasonable skill and care. The Court of Appeal’s decision to overturn the first instance judgment in MT Hojgaard v Eon (and the first instance decision of Coulson J in MW High Tech v Haase), dampened the excitement somewhat by emphasising the orthodox position that, absent something really quite categorical in the terms, it is the standard of reasonable skill and care that applies.’

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Hardwicke Chambers, 31st July 2017

Source: www.hardwicke.co.uk

Grenfell Tower: Government dismisses conflict of interest concerns over chair of independent buildings review – The Independent

‘There is no “conflict of interest” over a former role held by the woman leading a probe into building regulations in the wake of the Grenfell disaster, the Government has said.’

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The Independent, 9th August 2017

Source: www.independent.co.uk

Supreme Court rules on contractor’s liability for design – OUT-LAW.com

Posted August 4th, 2017 in construction industry, contracts, energy, guarantees, news by sally

‘A warranty provided by construction company MT Hojgaard (MTH) that the underlying works would have a service life of 20 years took precedence over conflicting terms in the contract, including adherence to industry standards, the UK’s highest court has ruled.’

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OUT-LAW.com, 3rd August 2017

Source: www.out-law.com

HMRC policy on VAT and student accommodation is wrong, says Tribunal – OUT-LAW.com

Posted August 3rd, 2017 in construction industry, HM Revenue & Customs, news, universities, VAT by tracey

‘There is “absolutely no basis” for an HM Revenue & Customs (HMRC) policy that the VAT treatment of supplies made in relation to a building by a sub-contractor depends upon the treatment adopted by the main contractor, the UK’s First-tier Tribunal has decided in a case concerning student accommodation.’

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OUT-LAW.com, 3rd August 2017

Source: www.out-law.com

Law firm should have warned property investor clients of “Mafia risk”, CA rules – Legal Futures

‘A law firm with offices in Italy and England has lost its appeal against a High Court ruling that it was under a duty to warn British and Irish property investors of the risks of investing in a part of Italy associated with organised crime.’

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Legal Futures, 2nd August 2017

Source: www.legalfutures.co.uk

Building regulations to be reviewed after safety tests following Grenfell – The Guardian

‘The government has announced an independent review of building regulations after tests showed that at least 82 residential high-rises use a combination of insulation and cladding that does not meet fire safety standards.’

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The Guardian, 28th July 2017

Source: www.theguardian.com

Crossrail worker death: Firms fined £1m for safety breaches – BBC News

Posted July 28th, 2017 in construction industry, fines, health & safety, news, railways by tracey

‘Companies working for Crossrail have been fined £1m for three sets of failures, one of which led to the death of a construction worker.’

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BBC News, 28th July 2017

Source: www.bbc.co.uk

Leaseholds on new-build houses in England to be banned – The Guardian

Posted July 25th, 2017 in construction industry, housing, leases, news by sally

‘Builders are to be banned by the government from selling houses as leasehold in England and ground rents on flats could be cut to zero following widespread outrage over exploitative contracts.’

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The Guardian, 25th July 2017

Source: www.theguardian.com

Rogue builder jailed for tricking homeowners out of thousands of pounds – Crown Prosecution Service

‘A rogue builder who tricked homeowners out of hundreds of thousands of pounds has today (20th July) been jailed for fraud.’

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Crown Prosecution Service, 20th July 2017

Source: www.cps.gov.uk

Issues highlighted by GB Building Ltd v SFS Fire Services Ltd – Hardwicke Chambers

‘Practical completion is a key concept in any construction project. It has a significant impact on a party’s rights and obligations, and represents a major milestone in the overall project timetable. Under the majority of construction projects, it marks the point at which the clock starts running for the overall transfer of risk from the contractor to the owner.’

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Hardwicke Chambers, 30th June 2017

Source: www.hardwicke.co.uk

Disclosure and production in construction cases – Hardwicke Chambers

Posted May 16th, 2017 in civil procedure rules, construction industry, disclosure by sally

‘The evolution of the CPR in the wake of the Jackson reforms included the well-known introduction of the “menu” of disclosure options at CPR 31.5(7). The net effect was to promote, as appropriate and applicable, a movement away from well-established “standard” disclosure to a more tailored approach. With the accompanying provisions of CPR 31 and its Practice Directions, the new approach to disclosure was designed to force parties (and the courts) to consider disclosure and production (and the best approach to adopt) at a very early stage.’

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Hardwicke Chambers, 5th May 2017

Source: www.hardwicke.co.uk

Construction v Insolvency: Adjudicators’ decisions will be enforced, despite a statutory moratorium – Hardwicke Chambers

Posted May 16th, 2017 in arbitration, construction industry, enforcement, insolvency, news by sally

‘The Housing Grants, Construction and Regeneration Act 1996 (as amended)(“the Construction Act”) implies terms concerning payment and the right to adjudicate in construction contracts. Despite this Act being primarily concerned with construction contract issues, insolvency practitioners are becoming increasingly familiar with its provisions because of the rights to payment the Act creates. These rights are increasingly being used as a basis to commence insolvency proceedings.’

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Hardwicke Chambers, 24th April 2017

Source: www.hardwicke.co.uk

The more things change, the more they stay the same – Hardwicke Chambers

‘Every time we think the courts might have given defendants in adjudication enforcement proceedings slightly more latitude in raising their dissatisfaction with an adjudicator’s decision, the court brings us back down to earth with a bump and reminds us that, in fact, no matter how hard done by our clients feel, they will have to “pay now and argue later”, save in the rarest of cases.’

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Hardwicke Chambers, 27th March 2017

Source: www.hardwicke.co.uk

‘Reverse VAT charge’ proposed to tackle construction sector labour fraud – OUT-LAW.com

Posted March 29th, 2017 in construction industry, fraud, news, VAT by sally

‘Contractors could become responsible for accounting for VAT on construction labour services that they purchase under plans put forward for consultation by HM Revenue and Customs (HMRC).’

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OUT-LAW.com, 27th March 2017

Source: www.out-law.com

Latest draft legislation on interest restriction more helpful for infrastructure and real estate, says expert – OUT-LAW.com

Posted March 24th, 2017 in bills, construction industry, interest, news, taxation by sally

‘Amended draft legislation to restrict tax relief for interest payments includes changes to a new ‘public infrastructure’ exemption which will be helpful for infrastructure and real estate companies, according to a tax expert.’

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OUT-LAW.com, 21st March 2017

Source: www.out-law.com

Paying your fair share: when can an adjudicator decide more than the notified sum must be paid? – Hardwicke Chambers

Posted February 7th, 2017 in arbitration, construction industry, contracts, housing, news by sally

‘Judgment in the case of Kersfield Developments (Bridge Road) Ltd v Bray & Slaughter Ltd, handed down on 19 January 2017, is a new authority in the line of case law providing guidance on the provisions governing interim payments in Construction Contracts in the Housing Grants, Construction and Regeneration Act 1996, as amended (“the Act”).’

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Hardwicke Chambers, 2nd February 2017

Source: www.hardwicke.co.uk