‘It’s been a while since I’ve blogged about a payment notice case, and so the case of Jonjohnson Construction Ltd v Eagle Building Services Ltd caught my eye.’
Practical Law: Construction Blog, 3rd October 2017
‘Einstein famously said that the distinction between past, present and future is only a stubbornly persistent illusion. The nature of time is not an easy concept to grapple with and I had a similar (albeit not quite so ethereal) experience preparing a recent seminar on the practical effect of the decision in Carillion Construction v Emcor Engineering Services relating to contiguous (or rather non-contiguous) extensions of time.’
Practical Law: Construction Blog, 2nd October 2017
‘A selection of the more interesting decisions affecting construction and engineering practitioners during the third quarter of 2017.’
Practical Law: Construction Blog, 2nd October 2017
‘The High Court has found that a clause in a construction contract which allocates the risk of concurrent delays to the contractor is valid and enforceable.’
OUT-LAW.com, 3rd October 2017
Source: www.out-law.com
‘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!.’
Practical Law: Construction Blog, 12th September 2017
‘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.’
The Guardian, 29th August 2017
Source: www.theguardian.com
‘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.’
OUT-LAW.com, 29th August 2017
Source: www.out-law.com
‘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.’
Local Government Lawyer, 22nd August 2017
Source: www.localgovernmentlawyer.co.uk
‘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.’
Hardwicke Chambers, 31st July 2017
Source: www.hardwicke.co.uk
‘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.’
The Independent, 9th August 2017
Source: www.independent.co.uk
‘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.’
OUT-LAW.com, 3rd August 2017
Source: www.out-law.com
‘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.’
OUT-LAW.com, 3rd August 2017
Source: www.out-law.com
‘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.’
Legal Futures, 2nd August 2017
Source: www.legalfutures.co.uk
‘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.’
The Guardian, 28th July 2017
Source: www.theguardian.com
‘Companies working for Crossrail have been fined £1m for three sets of failures, one of which led to the death of a construction worker.’
BBC News, 28th July 2017
Source: www.bbc.co.uk
‘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.’
The Guardian, 25th July 2017
Source: www.theguardian.com
‘A rogue builder who tricked homeowners out of hundreds of thousands of pounds has today (20th July) been jailed for fraud.’
Crown Prosecution Service, 20th July 2017
Source: www.cps.gov.uk
‘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.’
Hardwicke Chambers, 30th June 2017
Source: www.hardwicke.co.uk
‘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.’
Hardwicke Chambers, 5th May 2017
Source: www.hardwicke.co.uk
‘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.’
Hardwicke Chambers, 24th April 2017
Source: www.hardwicke.co.uk
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