‘The precise difference between the definition of a contractual notice and a condition precedent notice can be difficult to discern.’
OUT-LAW.com, 10th August 2023
Source: www.pinsentmasons.com
‘Sara Jabbari looks as the certification requirements in the BSA and how it affects conveyancers.’
Tanfield Chambers, 4th July 2023
Source: www.tanfieldchambers.co.uk
‘A City firm has been lambasted by a judge for a costs bill fiasco which saw clients applying for relief at the High Court.’
Law Society's Gazette, 20th July 2023
Source: www.lawgazette.co.uk
‘The terms “assignment” and “novation” are sometimes used interchangeably in relation to construction projects, but they are, in fact, very different.’
OUT-LAW.com, 14th July 2023
Source: www.pinsentmasons.com
‘A new ruling has highlighted how claims concerning building defects that would otherwise be time-barred can still be raised under the 2022 Building Safety Act, an expert has said.’
OUT-LAW.com, 14th July 2023
Source: www.pinsentmasons.com
‘The 1999 FIDIC Red Book of standard form construction contracts introduced the dispute adjudication board (DAB) as part of a contract-specific tiered dispute resolution process.’
OUT-LAW.com, 3rd July 2023
Source: www.pinsentmasons.com
‘Karen Morean and William O’Brien outline how creditor local authorities can challenge a company voluntary arrangement.’
Local Government Lawyer, 30th June 2023
Source: www.localgovernmentlawyer.co.uk
‘Nick McQueen and Inam Hasan highlight important lessons to learn from a recent Court of Appeal case in the construction sector on the enforceability and effect of dispute escalation clauses.’
Local Government Lawyer, 23rd June 2023
Source: www.localgovernmentlawyer.co.uk
‘Nick McQueen and Inam Hasan highlight important lessons to learn from a recent Court of Appeal case in the construction sector on the enforceability and effect of dispute escalation clauses.’
Local Government Lawyer, 23rd June 2023
Source: www.localgovernmentlawyer.co.uk
‘The Government will open an investigation into accusations of wrongdoing at the UK’s largest freeport.’
The Independent, 24th May 2023
Source: www.independent.co.uk
‘Section 298(1) of the Capital Allowances Act 2001 (CAA 2001) offered taxpayers Enterprise Zone allowances (EZAs) as an inducement to taking on the financial risks of newbuild industrial developments in disadvantaged areas, without a tenant. It extended their availability for a further 10 years after expiry of the 10-year life of an enterprise zone (EZ), provided that the qualifying “expenditure is incurred under a contract entered into within” the first 10 years (“the proviso”). According to the Court of Appeal1 changes made to a development, resulted in two building contracts with the claimed expenditure incurred under the second, being a “separate” contract
Monckton Chambers, 22nd March 2023
Source: www.monckton.com
‘Earlier this year I wrote about the judgment in Nicholas James Care Homes Ltd v Liberty Homes (Kent) Ltd, where O’Farrell J continued an interim freezing injunction that had been granted a month or so earlier. As I said at the time, while I wouldn’t ordinarily be interested in an injunction application, I wrote about it because one of the contractor’s defences to enforcement of the adjudicator’s decision focused on the adjudicator’s request for on account payments for his fees.
Fast forward six months and the case has been back before the TCC judges (also called Nicholas James Care Homes Ltd v Liberty Homes (Kent) Ltd). This time it was in front of Recorder Andrew Singer KC (sitting as a High Court judge), who was asked to look at the payment point as part of the enforcement application. He held that the adjudicator had not exercised a lien before issuing his decision.’
Practical Law: Construction Blog, 15th March 2023
‘One of the major changes to the regulation of the design and construction of “higher-risk buildings” is the introduction of the gateway regime.’
Practical Law: Construction Blog, 8th March 2023
‘I can’t say that I recall Dyson LJ’s judgment in Connex South Eastern Ltd v MJ Building Services Group being handed down back in 2005 but I do know it is the case that told us that the phrase “at any time” means exactly that. It’s like Ronseal’s famous phrase, “Does exactly what it says on the tin”. With the Court of Appeal giving the words their literal and ordinary meaning, it was plain speaking at its best! It has also meant that for as long as I can remember, we have all assumed that there is no time limit on when a party can start an adjudication. (In Connex, the court was dealing with a situation where the notice of adjudication was issued after practical completion and after repudiation of the contract.) Consequently, the only limitations (if there are any) are the ones we find in the Limitation Act 1980, which doesn’t prevent a party from starting an adjudication but may provide the responding party with a defence (if taken), which means the adjudicator’s decision will be in their favour. (The same applies in court proceedings and, if the defence is successful, the claim may be struck out.) If this is all so well-established, you might wonder why I’m bothering to mention it. The answer is, because of HHJ Russen KC’s judgment in LJR Interiors Ltd v Cooper Construction Ltd, which he handed down last month.’
Practical Law: Construction Blog , 14th February 2023
‘I advise many clients involved in construction projects who are on the cusp of a dispute. While they take legal advice on the merits of their position, my clients usually continue to seek to reach an amicable solution with their counterparty through direct negotiation as well as continuing to liaise on a day to day basis to get the job finished. In this context, my clients regularly ask, “Should my email be without prejudice?”. Although the law in this area is relatively settled, the question continues to throw up difficulties. I have been involved with several cases where one party has attempted to put material before a judge or adjudicator that the other side says is inadmissible because it was made without prejudice. The recent Privy Council case of A&A v Petroleum Co of Trinidad & Tobago sheds some light on this perennial problem.’
Practical Law: Construction Blog, 7th February 2023
‘The growing complexity of construction and engineering disputes has led to an increased demand for the services of experts regarding various aspects of a typical legal proceeding.’
OUT-LAW.com, 9th February 2023
Source: www.pinsentmasons.com
‘Some years ago I wrote a number of blogs about the long-running legal battle between Gary Paice and Kim Springall (property developers) and MJ Harding (the building contractor). That really was the case that kept on giving, and I’m not sure we’ve had two parties provide such rich blog pickings since. However, I think there might be a favourite to take this most coveted of crowns in the form of the disputes between Sudlows Ltd (the contractor) and Global Switch Estates 1 Ltd (the employer). Although we are only on the second reported TCC enforcement judgment (some of you may recall I wrote about the last one in January 2021), they have had six adjudications and, given that it is clear from the latest judgment handed-down by Waksman J in December 2022 that the parties are still some £16.5 million apart, I suspect we may see more of them in the future.’
Practical Law: Construction Blog, 1st February 2023
‘Michael Gove has admitted that “faulty and ambiguous” government guidance was partly responsible for the Grenfell Tower tragedy. The UK housing secretary said lax regulation allowed cladding firms to “put people in danger in order to make a profit”.’
The Guardian, 29th January 2023
Source: www.theguardian.com
‘When a party breaches a term of a construction contract, the other party to the contract has the right to claim an award of damages.’
OUT-LAW.com, 16th January 2023
Source: www.pinsentmasons.com
‘The recent judgment of the TCC in St James’s Oncology SPC Ltd (Project Co) v Lendlease Construction (Europe) Ltd and another provides a fascinating commentary on the importance of drafting a building contract that is tailored to deliver the needs of the employer and the end-user.’
Practical Law: Construction Blog , 12th January 2023
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