High Court judge expressly declines to approve “disproportionate” costs budgets – Litigation Futures

Posted October 4th, 2013 in budgets, construction industry, costs, negligence, news, proportionality by sally

“A High Court judge has expressly declined to approve the costs budget of both sides of a construction dispute on the grounds that they were ‘disproportionate and unreasonable’.”

Full story

Litigation Futures, 4th October 2013

Source: www.litigationfutures.com

Companies that blacklist workers face ban from public contracts in Wales – The Guardian

Posted September 12th, 2013 in company law, construction industry, news, public procurement, trade unions, Wales by tracey

“Companies that blacklist workers for taking part in trade union activity face being barred from multibillion-pound public sector contracts under plans unveiled by the Welsh government.”

Full story

The Guardian, 11th September 2013

Source: www.guardian.co.uk

Pre-Construction Consultation and the Futility of Dispensation – Hardwicke Chambers

“Generally, any landlord who wishes to enter into a qualifying long term agreement (‘QLTA’), viz. an agreement for a term of more than 12 months (subject to certain exceptions) as a result of which any tenant will pay a service charge of more than £100 (‘the appropriate amount’) for the relevant service charge period, must either consult in accordance with the Service Charges (Consultation Requirements) (England) Regulations 2003 (SI 2003/1987) (‘the Regulations’) or obtain a dispensation from the First-Tier Tribunal (Property Chamber) (‘PC’). Failure to consult will result in the relevant service charge being capped at the appropriate amount.”

Full story

Hardwicke Chambers, 13th August 2013

Source: www.hardwicke.co.uk

Adjudication decision declared invalid for serious breaches of the rules of natural justice – 4 New Square

Posted August 6th, 2013 in arbitration, construction industry, contracts, news by sally

“The grounds for impeaching an adjudication decision are extremely limited. However, Mr Justice Akenhead recently held that ABB Ltd. v BAM Nuttall Ltd [2013] EWHC 1983 (TCC), as one of those relatively rare cases in which reliance by the adjudicator on a clause of the subcontract between the parties – which neither party argued (let alone mentioned to the adjudicator) and which he did not refer to the parties before issuing his decision – was a material breach of the rules of natural justice.”

Full story

4 New Square, 30th July 2013

Source: www.4newsquare.com

Construction industry disputes – Panopticon

“The balance of public interest was ‘very strongly’ in favour of maintaining the confidentiality of documents in order to “protect the course of justice” both in Jackson v Info Commissioner, EA 2012/0263, FTT Decision on 19 July 2013, and in ‘many other such disputes’ said Judge Hughes. The value of the disclosure of the material was limited. The adverse impact of disclosure on dispute resolution was substantial. Judge Hughes concluded: ‘If there were to be change in the arrangements underpinning construction dispute resolution then this should be explored through a careful process of public debate and consultation leading to an amendment of the statutory framework.'”

Full story

Panopticon, 26th July 2013

Source: www.panopticonblog.com

Urban I (Blonk Street) Ltd v Ayres and another – WLR Daily

Posted July 12th, 2013 in appeals, construction industry, contracts, delay, law reports, sale of land by tracey

Urban I (Blonk Street) Ltd v Ayres and another: [2013] EWCA Civ 816;   [2013] WLR (D)  271

“Where, in the case of a time provision which was an innominate term, a completion notice had not been served on the contract-breaker, the other party only became entitled to terminate the contract thereafter if and when the delay was such as to go to the root of the contract, that was to say it deprived the other party of substantially the whole benefit which it was intended it should have under the contract.”

WLR Daily, 5th July 2013

Source: www.iclr.co.uk

Discharge of Guarantees – The Doctrine of “Purview of the Guarantee” – Is There a “Get Out of Jail Free Card” For Guarantors? – Littleton Chambers

Posted July 10th, 2013 in construction industry, contracts, guarantees, news, summary judgments by sally

“Well–drawn guarantees contain comprehensive ‘anti-discharge’ provisions, designed to prevent a guarantor being discharged from liability by any post-guarantee amendments to the principal transaction or extensions of time to pay or other indulgence given to the principal debtor without the guarantor’s knowledge or consent. This right to be discharged is generally known as the rule in Holme v Brunskill (1878) 3 QBD 495) after the leading case that set out the mature principle. Banks and others have continuously refined these ‘anti-discharge’ provisions to try to make sure that the rule in Holme v Brunskill is stripped of its effect.”

Full story

Littleton Chambers, 9th July 2013

Source: www.littletonchambers.com

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

Posted June 4th, 2013 in arbitration, construction industry, contracts, damages, law reports by sally

Aspect Construction (Asbestos) Ltd v Higgins Construction plc [2013] EWHC 1322 (TCC); [2013] WLR (D) 211

“A construction contract did not contain an implied term that a party to the contract, unsuccessful in adjudication, was entitled to have a final and binding resolution of the dispute determined by litigation.”

WLR Daily, 23rd May 2013

Source: www.iclr.co.uk

Ampurius Nu Homes Holdings Ltd v Telford Homes (Creekside) Ltd – WLR Daily

Posted May 29th, 2013 in appeals, construction industry, contracts, delay, law reports by sally

Ampurius Nu Homes Holdings Ltd v Telford Homes (Creekside) Ltd [2013] EWCA Civ 577; [2013] WLR (D) 202

“In determining whether a breach of a contract had been repudiatory an important factor to be taken into account was whether, although serious, the breach had been remedied before the injured party had purported to exercise a right of termination of the contract. Likewise, if there had been delay in performance of an ongoing obligation, it might be possible for the delay to be made up by faster performance. The court had to consider the position as at the date when the injured party purported to terminate. In the absence of time being of the essence, delay would only become a repudiatory breach if it were so prolonged as to frustrate the contract.”

WLR Daily, 23rd May 2013

Source: www.iclr.co.uk

Barratt Homes Ltd v Dŵr Cymru Cyfyngedig (Welsh Water) (No. 2) – WLR Daily

Barratt Homes Ltd v Dŵr Cymru Cyfyngedig (Welsh Water) (No. 2) [2013] EWCA Civ 233 ; [2013] WLR (D) 131

“The breach by a sewerage undertaker of its duty under section 106 of the Water Industry Act 1991 to permit connection of a private sewer to the public sewer did not give rise to a liability in nuisance.”

WLR Daily, 27th March 2013

Source: www.iclr.co.uk

Westfields Construction Ltd v Lewis – WLR Daily

Posted March 12th, 2013 in construction industry, contracts, jurisdiction, law reports by sally

Westfields Construction Ltd v Lewis [2013] EWHC 376 (TCC); [2013] WLR (D) 93

“Occupation of a property was an ongoing process and could not be tested by reference to a single snapshot in time in determining whether a property owner was a ‘residential occupier’ for the purposes of section 106 of the Housing Grants, Construction and Regeneration Act 1996.”

WLR Daily, 27th March 2013

Source: www.iclr.co.uk

Essex Police sued over Lee Balkwell cement mixer death – BBC News

“Essex Police is to be sued over its investigation into the death of a man found
with multiple injuries in a cement mixer.”

Full story

BBC News, 4th February 2013

Source: www.bbc.co.uk

Construction workers to challenge Met over blacklist – The Guardian

“Decision by the Metropolitan police not to investigate claims that officers supplied information to the blacklist faces appeal by workers’ lawyers.”

Full story

The Guardian, 1st February 2013

Source: www.guardian.co.uk

Off with his head: Recent developments in severability – Hardwicke Chambers

Posted January 17th, 2013 in construction industry, courts, dispute resolution, enforcement, news by sally

“Adjudicators are increasingly called upon to adjudicate upon complex, multi-faceted disputes. It is now well established that ‘a dispute’ can encompass several discrete issues and the TCC has striven to avoid an overly legalistic approach and to apply common sense when deciding whether a claim encompasses ‘a dispute’ or not.”

Full story

Hardwicke Chambers, 7th January 2013

Source: www.hardwicke.co.uk

Property development in a cold climate – Hardwicke Chambers

Posted December 11th, 2012 in construction industry, news, planning, rights of way by sally

“In these somewhat tricky financial times, it is unsurprising that the Government is keen to persuade property developers to do their bit to kick-start the ailing economy by dusting off chunks of their carefully land-banked acreage and getting on with long-shelved construction projects. However, many things have changed in this post-banking-apocalypse world, and it is unlikely that developers will be in a position simply to take up projects exactly where they left off a few years ago. In addition to the obvious funding difficulties they now face, developers large and small will need to be alert to changes in planning policy and local needs since they put their projects on hold. These will be particularly relevant where the developer requires an extension of time on the original planning permission or where he wishes to escape from or mitigate the burden of an obligation previously accepted in order to obtain that permission or to deal with reserved matters.”

Full story

Hardwicke Chambers, 10th December 2012

Source: www.hardwicke.co.uk

Government orders building standards review – The Guardian

“Regulations covering building standards, including fire safety and wheelchair access, could be torn up in a government plan to cut costs for the construction industry and boost the economy.”

Full story

The Guardian, 26th October 2012

Source: www.guardian.co.uk

Repeal of property sales law will pose risks for housebuilders, says expert – OUT-LAW.com

“The Government’s decision to repeal a law designed for regulating property sales and rely on general consumer protection legislation instead will expose housebuilders to new risks and increase their costs at a time when they can scarcely afford it.”

Full story

OUT-LAW.com, 15th October 2012

Source: www.out-law.com

Watkin Jones & Son’s £450k fine over worker’s roof fall – BBC News

Posted October 5th, 2012 in construction industry, fines, health & safety, news, personal injuries by tracey

“A construction firm has been fined £450,000 for breaching safety rules which led to a 21-year-old roofer falling through a hole in a roof and dying two years later.”

Full story

BBC News, 4th October 2012

Source: www.bbc.co.uk

Reform of planning laws tampers dangerously with the procedural safeguards – Halsbury’s Law Exchange

Posted October 3rd, 2012 in construction industry, housing, news, planning by sally

“A recently announced government reform of the planning laws would extend permitted development rights to house extensions of double the pre-existing limits, to 6m (19 feet) beyond the back wall of a semi-detached house, or 8m (26 feet) in the case of a detached house. The relaxation of the rules, for a fixed three year period, is designed to stimulate construction activity and economic growth. These proposals, however, which will remove the requirement for planning permission, rest on a fundamental misconception as to the role of the planning system. Planning is supposed to deliver a balanced decision based on weighing up all relevant considerations. As any local parish or district councillor knows, extension proposals are often the most contentious proposals because of neighbours’ concerns over loss of privacy, amenity and reduction of property values. Poisonous neighbourhood disputes will undoubtedly increase across the land because concerned neighbours and councillors will no longer have a say on these important local matters.”

Full story

Halsbury’s Law Exchange, 3rd October 2012

Source: www.halsburyslawexchange.co.uk

Planning rules on extensions to be relaxed ‘to boost economy’ – BBC News

Posted September 6th, 2012 in construction industry, housing, news, planning by sally

“The government wants to get planning officers ‘off people’s backs’ with a relaxation of current rules in England.”

Full story

BBC News, 6th September 2012

Source: www.bbc.co.uk