FIDIC contracts – what’s new for 2022? – Practical Law: Construction Blog

Posted January 12th, 2022 in construction industry, contracts, news by tracey

‘The title of my review of the last online FIDIC conference a year ago, FIDIC contracts – a preview of what is to come, now has a somewhat ominous ring to it as for the second year running the International Users’ Conference had to convene online in December 2021 due to the current COVID-19 situation. It felt a bit more “down to business” than last year with no online networking platform between Zoom sessions, but instead included some excellent, hosted, breakout discussion rooms, which I thought was a great addition. I particularly enjoyed the very open (collaborative) discussion around the new FIDIC Collaborative Contract that is a work in progress. More of that below.’

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Practical Law: Construction Blog, 11th January 2022

Source: constructionblog.practicallaw.com

Enforcement of adjudicator’s decision refused as proceedings were an abuse of process – Practical Law: Construction Blog

‘We often hear cases referred to as having turned on their facts and, if there was ever an example of this it would be the judgment handed down in October 2021 in G&D Brickwork Contractors Ltd v Marbank Construction Ltd. The parties’ names will ring a bell with some of you because, earlier in the year, O’Farrell J refused to grant an injunction restraining G&D from bringing adjudication proceedings, and last month’s judgment from Joanna Smith J deals with the enforcement of the adjudicator’s decision.’

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Practical Law: Construction Blog, 24th November 2021

Source: constructionblog.practicallaw.com

The LADs are Alright – Local Government Lawyer

‘Laura Campbell discusses liquidated damages in construction contracts, focussing upon the long-running Triple Point saga which ended in the Supreme Court this year.’

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Local Government Lawyer, 12th November 2021

Source: www.localgovernmentlawyer.co.uk

Third time’s a charm: can a single dispute include multiple sub-issues in adjudication? – Practical Law: Construction Blog

Posted November 8th, 2021 in construction industry, dispute resolution, jurisdiction, news by tracey

‘“Quick and dirty” is not a phrase that we usually associate with dispute resolution. However, as many construction practitioners will know, adjudication provides an exception.

Speed has its benefits but it rarely makes things simple. As our colleague, Ravinder, explained in her blog, adjudication is not always a straightforward process. Many disputes involve multiple, complex issues. This creates fertile ground for challenge, and adjudicators find themselves engaged with jurisdictional arguments more often than not.

One such argument is whether the issues referred to adjudication comprise one or multiple disputes. Our blog focuses on the courts’ approach to this question in the recent case of Quadro Services Ltd v Creagh Concrete Products Ltd.’

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Practical Law: Construction Blog, 3rd November 2021

Source: constructionblog.practicallaw.com

Payment notices: what genuine belief is needed to make a payment notice valid? – Practical Law: Construction Blog

Posted October 25th, 2021 in construction industry, cross-claims, dispute resolution, news by tracey

‘The genuine article? Does a valid payment notice need to set out the sum the payer genuinely considers due? The requirement that a valid payment notice must set out “the sum the payer considers due” is often at the centre of payment disputes. The recent decision in Downs Road Development LLP v Laxmanbhai Construction (UK) Ltd, provides a necessary clarification around what this actually means, confirming that a valid payment notice must set out the sum the payer genuinely considers due.’

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Practical Law: Construction Blog, 20th October 2021

Source: constructionblog.practicallaw.com

Building safety regulations give industry clarity ahead of new legislation – OUT-LAW.com

Posted October 22nd, 2021 in bills, building law, construction industry, health & safety, housing, news, regulations by sally

‘The UK government has published several draft regulations designed to give parliamentarians a better idea of how the Building Safety Bill will be implemented.’

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OUT-LAW.com, 21st October 2021

Source: www.pinsentmasons.com

‘Negligent’ London firm defeats £12m claim for lack of causation – Legal Futures

Posted October 1st, 2021 in causation, construction industry, damages, law firms, negligence, news by tracey

‘Leading London law firm Withers has fought off a £12m claim on the basis of causation after the High Court ruled that it gave negligent advice to a property developer.
However, His Honour Judge Pelling QC, sitting as a High Court judge, found that the firm gave negligent advice on a settlement agreement, leading to an award of £270,000 in damages.’

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Legal Futures, 1st October 2021

Source: www.legalfutures.co.uk

Mastercard? That’ll do nicely! Do you need to issue a new claim if your amendment might be statute barred? – Practical Law: Construction Blog

Posted September 14th, 2021 in amendments, civil procedure rules, construction industry, limitations, news by tracey

‘It is no coincidence that construction cases play a prominent role in many of the leading decisions concerning limitation. It is the nature of our work that problems have a tendency to emerge some time after the work was completed and, more than occasionally, new problems come to light after proceedings have commenced.’

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Practical Law: Construction Blog, 7th September 2021

Source: constructionblog.practicallaw.com

Collateral damage (again) – Parkwood and Toppan – Practical Law: Construction Blog

Posted September 3rd, 2021 in construction industry, contracts, interpretation, news, warranties by tracey

‘Doesn’t time fly. I can’t believe it is almost eight years since Practical Law published my blog on Parkwood Leisure Ltd v Laing O’Rourke Wales and West Ltd. As readers may recall, in that case Akenhead J decided that a collateral warranty (CW) given by Laing in favour of Parkwood was a construction contract for the purposes of the Construction Act 1996, and that accordingly Parkwood could pursue a defects claim under it by way of adjudication. I suggested that the decision was “simply wrong” and could have “highly undesirable ramifications” for the negotiation of CWs going forward. (After an initial flurry, it seems that I may have been wrong on the second count, but let’s draw a veil over that for now.).’

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Practical Law: Construction Blog, 2nd September 2021

Source: constructionblog.practicallaw.com

Not sharing Covid risks would threaten viability of construction projects – OUT-LAW.com

Posted September 2nd, 2021 in construction industry, contracts, coronavirus, drafting, news by sally

‘The construction industry faces many challenges related to Covid-19, and if it doesn’t take a co-operative approach and share risks then it could make the situation even worse.’

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OUT-LAW.com, 1st September 2021

Source: www.pinsentmasons.com

Crumbling NHS hospital assessed corporate manslaughter risk – BBC News

‘An NHS hospital commissioned a report into the risk of corporate manslaughter charges should a fatal roof collapse occur, leaked documents reveal.’

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BBC News, 16th August 2021

Source: www.bbc.co.uk

Try before you buy: the price of expert shopping – Practical Law: Construction Blog

Posted August 13th, 2021 in construction industry, expert witnesses, news by tracey

‘When it comes to replenishing my wardrobe, I have little patience for the careful selection of clothes for style and fit (this should come as no surprise). Instead, I am one of those who buys a job-lot of clothes once or twice a year to see me through the next couple of seasons. When I may not have been sufficiently realistic about size, I rely on the ability to change my mind and send things back or exchange for something more appropriate. However, do the same with experts at your peril! The case of Matthew Rogerson (t/a Cottesmore Hotel, Golf and Country Club) v Eco Top Heat & Power Ltd provides a very useful reminder of the court’s approach to expert shopping. As well as a recap on that approach, it invites reflection on how we go about selecting, instructing and managing experts when proceedings are anticipated.’

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Practical Law: Construction Blog, 11th August 2021

Source: constructionblog.practicallaw.com

Liquidated damages and London buses – Practical Law: Construction Blog

Posted August 11th, 2021 in compensation, construction industry, contracts, damages, news by tracey

‘Cases about liquidated damages are, it transpires, like London buses: you wait ages for one to turn up and then two come along together.’

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Practical Law: Construction Blog, 9th August 2021

Source: constructionblog.practicallaw.com

When is a collateral warranty a “construction contract”? – Practical Law: Construction Blog

Posted August 6th, 2021 in construction industry, contracts, dispute resolution, news, warranties by tracey

‘Or should that be, when is a collateral warranty not a construction contract? July was a busy month for TCC judgments, which makes the job of writing these blogs considerably easier. In addition to the fascinating judicial review cases being brought by the Good Law Project, one case that caught my eye was Timberbrook Ltd v Grant Leisure Group Ltd because it concerned the construction of a new orangutan enclosure at Blackpool Zoo. However, it is quite a detailed, merits-based judgment and, in the end, I plumped for the only TCC judgment (at least of those on BAILII) that concerned adjudication, Toppan Holdings Ltd and Abbey Healthcare (Mill Hill) Ltd v Simply Construct (UK) LLP.’

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Practical Law: Construction Blog, 3rd August 2021

Source: constructionblog.practicallaw.com

High Court warns uncooperative parties against “litigation warfare” – Legal Futures

‘A High Court judge has warned against “litigation warfare” as he pleaded with the parties in a construction dispute to co-operate in the face of spiralling costs.’

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Legal Futures, 30th July 2021

Source: www.legalfutures.co.uk

A return to orthodoxy – Supreme Court decides on Triple Point v PTT: Case analysis by Mathias Cheung – Atkin Chambers

‘The following case analysis, produced by Mathias Cheung, in partnership with LexisNexis, discusses the recent Supreme Court judgment in Triple Point Technology, Inc v PTT Public Company Ltd [2021] UKSC 29 (16 July 2021).’

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Atkin Chambers, 26th July 2021

Source: www.atkinchambers.com

Building Safety Bill – Commons Library Research Briefing

‘Second Reading of the Building Safety Bill (Bill 132 of 2021-22) is expected to take place on Wednesday 21 July.’

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House of Commons Library, 16th July 2021

Source: commonslibrary.parliament.uk

Proposed changes to the Defective Premises Act – Practical Law: Construction Blog

Posted July 14th, 2021 in bills, building law, compensation, construction industry, housing, news, time limits by tracey

‘Many changes have been introduced since Grenfell to address the cladding crisis including the establishment of various loans, funds, plans for new regulators, new taxes, levies and new rules to govern building safety throughout the lifetime of a building.’

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Practical Law: Construction Blog, 13th July 2021

Source: constructionblog.practicallaw.com

TCC stays expert determination proceedings – Practical Law: Construction Blog

‘It has been quite some time since I have blogged about expert determination. In fact, the last time was six years ago when I wrote about the Court of Appeal’s judgment in Begum v Hossain, which concerned the valuation of shares in an Indian restaurant. That was before the term “Brexit” had been coined and most of us were happily oblivious to the meaning of the word “furlough”. Therefore, Jefford J’s recent judgment in Maypole Dock v Catalyst Housing Ltd, which concerned an interim injunction to restrain the pursuit of an expert determination, caught my eye.’

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Practical Law: Construction Blog, 6th July 2021

Source: constructionblog.practicallaw.com

Grenfell bereaved and survivors bring multimillion pound case to high court – The Guardian

‘More than 800 bereaved and survivors from Grenfell Tower and 102 firefighters are seeking up to tens of millions of pounds in compensation from organisations involved in the disastrous refurbishment in a case that reaches the high court on Wednesday.’

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The Guardian, 6th July 2021

Source: www.theguardian.com