Fully cladding your Particulars of Claim is key – Mills & Reeve

‘Beware the pitfalls of bringing a claim at the last possible opportunity, and the prohibition against pleading new causes of action in the Reply to Defence … Martlett Homes Limited v. Mulalley & Co. Limited [2021] EWHC 296 (TCC).’

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Mills & Reeve, 8th June 2021

Source: www.mills-reeve.com

Transport for Greater Manchester v Kier Construction: Notice the little things – Practical Law: Construction Blog

‘Preparing and sending contractual notices always makes me nervous. There are so many things to get wrong: is it in time, where should I send it, who to, how should I send it? Not to mention the actual content of the notice. For those of you like me, the recent case of Transport for Greater Manchester v Kier Construction Ltd shows that we are right to worry about these things. Notices are important, and getting them wrong has serious consequences.’

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Practical Law: Construction Blog, 2nd June 2021

Source: constructionblog.practicallaw.com

Claimants awarded £2,000 damages – and ordered to pay £500,000 interim costs – Law Society’s Gazette

‘A litigant in a building dispute who claimed £3.7m in damages – only to be awarded just £2,000 at trial – has been hit with a costs bill of at least £500,000.’

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Law Society's Gazette, 2nd June 2021

Source: www.lawgazette.co.uk

Termination – where did it all go wrong? – Practical Law: Construction Blog

Posted May 27th, 2021 in construction industry, contracts, coronavirus, news by tracey

‘Is it just me who has seen a lot of disputes regarding wrongful termination since the beginning of the COVID-19 pandemic? A large proportion of those disputes have concerned whether a party has terminated in accordance with the provisions in a JCT contract. While parties frequently attempt to exercise termination provisions under JCT contracts, very few seem to do so effectively.’

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Practical Law: Construction Blog, 26th May 2021

Source: constructionblog.practicallaw.com

How will the new UK residential property developer tax work? – Practical Law: Construction Blog

‘On 29 April 2021, the government published a consultation on what is to be called the Residential Property Developer Tax (or RPDT). This sets out proposals for the design of a new tax to be charged on the largest residential property developers.’

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Practical Law: Construction Blog , 5th May 2021

Source: constructionblog.practicallaw.com

Limitation period for a tortious claim: when does it end? – Practical Law: Construction Blog

Posted April 12th, 2021 in construction industry, contracts, damages, limitations, negligence, news, time limits by tracey

‘Some breaches of contract do not become apparent until many years have passed. This is especially true where the result is a defect. Recently, our colleague Charlotte Mears blogged on limitation periods under contract. But what happens after the limitation period under a contract has expired? This blog explores the extent to which an answer lies in tort focusing on the tort of negligence.’

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Practical Law: Construction Blog , 7th April 2021

Source: constructionblog.practicallaw.com

Does the Limitation Act 1980 apply to adjudication? – Practical Law: Construction Blog

Posted March 31st, 2021 in construction industry, dispute resolution, limitations, news by tracey

‘Your starting point, like mine, to the above question, which I will leave you to mull over the Easter break, is likely “of course!”. But why? This question was first explored by Peter Clyde in his blog in 2012. Since then we have had the benefit of the Supreme Court’s decision in Aspect Contracts (Asbestos) Ltd v Higgins Construction plc, but does this change the analysis?’

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Practical Law: Construction Blog, 30th March 2021

Source: constructionblog.practicallaw.com

Limitation periods for breach of contract claims: where to begin? – Practical Law: Construction Blog

Posted March 29th, 2021 in construction industry, contracts, limitations, news, time limits by tracey

‘On the face of it, the law of limitation seems fairly straightforward. The law in England and Wales specifies that anyone bringing a breach of contract claim has six years from the date of the breach in which to do so. This period is extended to 12 years from the breach of contract if the contract has been executed as a deed. But what happens when a provision such as the one below is added into the mix? Does this work to extend the limitation period? If not, what exactly does this provision, which I’ll refer to as the Proposed Clause, mean?’

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Practical Law: Construction Blog, 23rd March 2021

Source: constructionblog.practicallaw.com

Shrewsbury 24: how industrial action led to 47-year fight for justice – The Guardian

‘The industrial action that led to the convictions of union activists and a 47-year campaign to clear their names took place as Edward Heath’s Conservative government sought to weaken the economic power of trade unions.’

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The Guardian, 23rd March 2021

Source: www.theguardian.com

Shrewsbury 24: court of appeal overturns 1970s picketing convictions – The Guardian

‘Court of appeal judges have overturned the criminal convictions of a group of trade unionists, including the actor Ricky Tomlinson, after a campaign lasting more than four decades.’

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The Guardian, 23rd March 2021

Source: www.theguardian.com

Unlimited fines for those who breach fire safety regulations – Home Office

‘Building owners could face unlimited fines following new measures being brought in to strengthen fire safety, the Home Office has announced today.’

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Home Office, 17th March 2021

Source: www.gov.uk

A final account problem – JSM Construction v Western Power – Practical Law: Construction Blog

‘The final account is normally a wrap-up of the contractor’s valid claims for extra payment. It’s particularly helpful if claims were not submitted or assessed as works progressed. So, what happens if the contract doesn’t have a final account procedure but there are claims outstanding once the works are finished? Can a final account procedure be implied under section 110(3) of the Construction Act 1996?’

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Practical Law: Construction Blog, 8th March 2021

Source: constructionblog.practicallaw.com

The Effect of Foreign Jurisdiction Clauses on the Summary Enforcement of UK Adjudication Awards in Construction Contracts – 39 Essex Chambers

‘In the very interesting case of Motacus Constructions Ltd v Paolo Castelli SPA [2021] EWHC 356 (TCC), handed down on 22 February 2021 Judge Hodge QC determined:

“the apparently novel question whether the inclusion within a construction contracts for works in England of an exclusive jurisdiction clause in favour of a foreign court precludes the English court from entertaining proceedings for breach of the term implied by paragraph 23 of the Scheme [i.e. the Scheme for Construction Contracts] that the decision of an adjudicator binds the parties until the final determination of the dispute”.’

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39 Essex Chambers, 24th February 2021

Source: www.39essex.com

Contract interpretation – who has commercial common sense? – Practical Law: Construction Blog

Posted February 23rd, 2021 in construction industry, contracts, interpretation, news by tracey

‘The dust is slowly settling over the arguments about how contracts should be interpreted. We know that “this is not a literalist exercise focused solely on a parsing of the wording of the particular clause” and that “[t]extualism and contextualism are not conflicting paradigms in a battle for exclusive occupation of the field of contractual interpretation” (as stated by Lord Hodge in Wood v Capita Insurance Services Ltd). That means the factual background (matrix of fact) and commercial common sense still have a role to play where the plain meaning of the words is not clear (which is usually the reason why there is a dispute in the first place).’

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Practical Law: Construction Blog, 23rd February 2021

Source: constructionblog.practicallaw.com

New watchdog will be able to ban dangerous materials used at Grenfell Tower – The Guardian

‘Companies that make dangerous building materials such as those used at Grenfell Tower could be prosecuted and their products banned by a new watchdog announced by the government.’

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The Guardian, 19th January 2021

Source: www.theguardian.com

Developments following Ground Developments… or not – Practical Law: Construction Blog

‘Writing on this blog almost exactly four years ago, David Pliener noted a potentially interesting change in the TCC’s approach to enforcing adjudicators’ decisions. In the case of Ground Developments Ltd v FCC Construction, Fraser J signalled that, perhaps, a claimant applying for summary judgment to enforce an adjudicator’s decision might not need to meet the summary judgment test after all. Now that Ground Developments has had time to mature, it might be a good time to check in and see how things have gone since. Has Fraser J’s judgment heralded a brave new world?’

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Practical Law: Construction Blog, 15th December 2020

Source: constructionblog.practicallaw.com

Construction company hit by £600,000 fine over damage to bat breeding site – Local Government Lawyer

‘A major house builder has been ordered to pay what is understood to be the largest fine ever issued by a court in relation to a wildlife crime. On 8 December at Woolwich Crown Court, Bellway Homes pleaded guilty to the offence between 17 March 2018 and 17 August 2018 of damaging or destroying a breeding site or resting place for bats.’

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Local Government Lawyer, 14th December 2020

Source: www.localgovernmentlawyer.co.uk

Be good, for goodness’ sake: fraud and adjudication enforcement – Practical Law: Construction Blog

‘Christmas is on the horizon. It’s necessary, therefore, to ask who’s been naughty and who’s been nice – and how better to do that than by reflecting on the courts’ approach to fraud in adjudications?’

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Practical Law: Construction Blog, 9th December 2020

Source: constructionblog.practicallaw.com

The cart before the horse when requesting an adjudicator: Land End Developments Construction Limited v Kingstone Civil Engineering Limited [2020] EWHC 2338 – Hardwicke Chambers

‘These proceedings related to an adjudicator’s decision dated 27th April 2020 (“the 27th April Decision”) under the Scheme for Construction Contracts (England and Wales) Regulations 1998 as amended (“the Scheme”). Lane End Developments Construction Limited (“Lane End”) was the main contractor on a housing development (“the Development”) and Kingstone Civil Engineering Limited (“Kingstone”) was sub-contracted to carry out enabling works for the Development. On 2nd March 2020, Kingstone issued Interim Payment Application No. 17 in the sum of £356,439.19, but Lane End did not serve a Pay Less Notice nor, until 26th March, did it serve a Payment Notice.’

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Hardwicke Chambers, 13th November 2020

Source: hardwicke.co.uk

Construction companies lose Court of Appeal challenge over expert determination – Local Government Lawyer

Posted November 17th, 2020 in construction industry, contracts, estoppel, housing, news, planning by sally

‘A consortium of construction companies has failed in an appeal over a High Court judge’s dismissal of its claim for a declaration that the decision of an independent expert in relation to a revised section 106 agreement was not conclusive and binding on the parties.’

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Local Government Lawyer, 16th November 2020

Source: www.localgovernmentlawyer.co.uk