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

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

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

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

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

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

‘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

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

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

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

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

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

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

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

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.’

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The Guardian, 24th March 2014

Source: www.guardian.co.uk

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?’

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Thirty Nine Essex Street, January 2015

Source: www.39essex.com

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.’

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Henderson Chambers, 17th March 2015

Source: www.hendersonchambers.co.uk

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

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.’

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Thirty Nine Essex Street, October 2014

Source: www.39essex.com

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.’

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Hardwicke Chambers, 16th October 2014

Source: www.hardwicke.co.uk