Category: construction industry

Court avers the right to legal proceedings but you may still have to pay up front on existing judgments – Hardwicke Chambers

Posted August 17th, 2020 in chambers articles, construction industry, contracts, damages, negligence, news, stay of proceedings, striking out by sally

‘This case acts as a reminder of the hierarchy to seeking a remedy in construction contracts. The right to legal proceedings in construction contracts is more fundamental than the payment provisions. The payment provisions are superior to the adjudication provisions. However, a party will still have to honour judgment debts in related proceedings.’

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Hardwicke Chambers, 5th August 2020

Source: hardwicke.co.uk

Jail for builder Rob Hayel who ‘left homes at risk of collapse’ – BBC News

Posted August 7th, 2020 in building law, construction industry, fraud, imprisonment, news, sentencing by sally

‘An “immoral” builder who left homes at risk of “catastrophic structural collapse” has been jailed.’

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BBC News, 6th August 2020

Source: www.bbc.co.uk

Enforcing an adjudicator’s decision where no order for payment – Practical Law Construction Blog

Posted July 29th, 2020 in construction industry, contracts, dispute resolution, enforcement, jurisdiction, news by tracey

‘Much has been written on the Supreme Court case of Bresco v Lonsdale and it has most recently been relied on by a party in the adjudication enforcement case of WRW Construction Ltd v Datblygau Davies Developments Ltd. However, as will be discussed in this blog, it was of limited assistance.’

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Practical Law Construction Blog, 28th July 2020

Source: constructionblog.practicallaw.com

Grenfell Tower inquiry: Fire ‘inextricably linked with race’ – BBC News

Posted July 8th, 2020 in accidents, bereavement, construction industry, families, fire, housing, inquiries, news, race discrimination, racism, standards by sally

‘The Grenfell Tower fire inquiry “must not ignore” the impact of race and poverty on the disaster, a lawyer representing survivors has said.’

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BBC News, 7th July 2020

Source: www.bbc.co.uk

Grenfell Tower inquiry resumes but distancing rules anger families – The Guardian

Posted July 6th, 2020 in accidents, bereavement, construction industry, coronavirus, cross-examination, families, fire, housing, inquiries, news, standards, victims by sally

‘Builders behind the disastrous Grenfell Tower refurbishment are finally set to face public questioning over the June 2017 fire that killed 72 people, as the delayed public inquiry resumes on Monday with strict social distancing rules that have angered the bereaved.’

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The Guardian, 6th July 2020

Source: www.theguardian.com

The Supreme Court sanctions the use of adjudication in the insolvency context: Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd [2020] UKSC 25 – 3 Hare Court

Posted June 23rd, 2020 in construction industry, contracts, dispute resolution, insolvency, news, set-off by sally

‘The Supreme Court has given judgment in what is being hailed as a landmark case in the construction and insolvency spheres. The decision has not only eliminated any doubt that there is jurisdiction for an insolvent company to adjudicate against a respondent with a potential cross-claim, but it has also endorsed the use of adjudication as a helpful tool for liquidators.’

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3 Hare Court, 22nd June 2020

Source: www.3harecourt.com

Bresco Electrical Services Ltd (in liquidation) v Michael J Lonsdale (Electrical) Ltd [2020] USC 25, or ‘‘kicking the door wide open’’ – 3PB

Posted June 23rd, 2020 in construction industry, contracts, dispute resolution, insolvency, news, set-off by sally

‘Lord Justice Coulson’s judgment included the proposition that an insolvent Company could only adjudicate a dispute with a creditor in circumstances of mutual debts in “exceptional circumstances”. Subsequent caselaw has explored the extent of these “exceptional circumstances”.’

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3PB, 18th June 2020

Source: www.3pb.co.uk

Planning and re-starting the housing market – 4-5 Gray’s Inn Square

Posted June 4th, 2020 in construction industry, coronavirus, housing, news, planning by sally

‘Simon Randle, Vivienne Sedgley and Katharine Elliot analyse government measures to restart the housing market and how they impact on the planning system.’

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4-5 Gray's Inn Square, 29th May 2020

Source: www.4-5.co.uk

TCC decides adjudicator did not stray off course – Practical Law Construction Blog

Posted May 27th, 2020 in construction industry, dispute resolution, news, service out of jurisdiction by sally

‘This was a case about the enforcement of an adjudicator’s decision (as so many are) and involved many of the usual arguments (as so many do), such as did the adjudicator have jurisdiction to reach the decision and was there a breach of the rules of natural justice? Unusually, the judge also had to consider an application to serve proceedings out of the jurisdiction, something I’m not really familiar with but, luckily, Helena White has already talked about that in her blog. That means I don’t need to mention whether enforcement proceedings should have been started in England or Northern Ireland, and leaves me to look at the jurisdiction and natural justice issues in more detail.’

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Practical Law Construction Blog, 13th May 2020

Source: constructionblog.practicallaw.com

Planning and Re-starting the Housing Market – 4-5 Gray’s Inn Square

Posted May 21st, 2020 in construction industry, coronavirus, housing, news, planning by sally

‘Late on 12 May 2020, the Housing Secretary published a plan to re-start the housing market: https://www.gov.uk/government/news/housing-secretary-sets-out-plan-to-restart-housing-market. The measures are intended to support the economy and make progress in an industry where much been paused during the lockdown.’

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4-5 Gray's Inn Square, 13th May 2020

Source: www.4-5.co.uk

“What next for the Construction Act?” – Rupert Choat for Building Magazine – Atkin Chambers

Posted May 15th, 2020 in building law, construction industry, consultations, news, statute law revision by sally

‘The latest consultation on the Construction Act reached its second stage last month, with the government’s long overdue publication of responses to its consultation on the legislation. When the 1996 act was amended in 2011, the government proposed reviewing it after three years. However, it was six years before consultation with the industry even began. A summary of the responses to that consultation was due two years ago but, presumably owing to Brexit, was not published until this February.’

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Atkin Chambers, 12th May 2020

Source: www.atkinchambers.com

COVID-19: “Legal view: how to implement site operating procedures” – Atkin Chambers

Posted May 12th, 2020 in construction industry, coronavirus, health & safety, news by sally

‘“There have been as many plagues as wars in history, yet always plagues and wars take people equally by surprise” – these words from Albert Camus’ The Plague sum up how the COVID-19 pandemic has taken the world by storm. The UK’s construction industry is facing the greatest challenge since Brexit, but there is little specific guidance from Westminster on the way forward. Whereas all non-essential sites in Scotland have been ordered to close, sites across the rest of the country have been left in the unenviable position of having to decide whether they should remain open.’

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Atkin Chambers, 6th May 2020

Source: www.atkinchambers.com

Meadowside exceptions applied in Balfour Beatty Civil Engineering Limited, Balfour Beatty Group Limited v Astec Projects Limited (In Liquidation) [2020] EWHC 796 (TCC) – Hardwicke Chambers

Posted May 12th, 2020 in chambers articles, construction industry, dispute resolution, news by sally

‘Balfour Beatty brought an application seeking the injunction of three adjudications that was sought by Astec. Astec engaged in three sub-contracts with Balfour Beatty, the main contractor, for various aspects of work to and around Blackfriars Station. The works began in 2010, but in April 2014 Astec went into administration and then liquidation in October 2014. Nothing happened after liquidation, until Astec sent a claim letter on 24th December 2019 and a first notice of adjudication on 24th January 2020.’

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Hardwicke Chambers, 4th May 2020

Source: hardwicke.co.uk

Coronavirus, adjudication and injunctions – Practical Law Construction Blog

Posted April 17th, 2020 in building law, construction industry, coronavirus, injunctions, news by sally

‘Coronavirus, or COVID-19, is impacting all parts of our lives. Currently, the focus in the construction industry is rightly on the safety of workers still attending sites. No doubt, the future will see litigation on whether the coronavirus gives rise to extensions of time, force majeure, frustration or other legal rights or remedies.’

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Practical Law Construction Blog, 15th April 2020

Source: constructionblog.practicallaw.com

Contracting with Coronavirus: the NEC contract terms – 39 Essex Chambers

Posted April 3rd, 2020 in building law, chambers articles, construction industry, contracts, coronavirus, news by sally

‘This article, the second in a series of three articles, considers the effect of Coronavirus on the contract regimes applicable to NEC forms of contract. Other articles cover JCT terms, and the possible impact of the common law principle of frustration.’

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39 Essex Chambers, 27th March 2020

Source: www.39essex.com

Contracting with Coronavirus: JCT contract terms – 39 Essex Chambers

Posted April 3rd, 2020 in building law, chambers articles, construction industry, contracts, coronavirus, news by sally

‘This article, the first in a series of three articles, considers the effect of Coronavirus on the contract terms applicable to the JCT form of contract. Other articles cover NEC terms, and the possible impact of the common law principle of frustration.’

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39 Essex Chambers, 26th March 2020

Source: www.39essex.com

C Spencer Limited v M W High Tech Projects UK Limited [2020] EWCA Civ 331 – The relationship between hybrid contracts and valid payment notices – Hardwicke Chambers

Posted March 31st, 2020 in appeals, building law, chambers articles, construction industry, contracts, news by sally

‘The Housing Grants, Construction and Regeneration Act 1996 created hybrid contracts, and with that, complications as to the relationship between these contracts and the Act. In the significant case of C Spencer Limited v M W High Tech Projects UK Limited [2020] EWCA Civ 331, Lord Coulson clarifies whether a valid payment notice ought to separately identify the sum due in respect of construction operations.’

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Hardwicke Chambers, 26th March 2020

Source: hardwicke.co.uk

The relevance of pre-contract information – Law Society’s Gazette

Posted March 31st, 2020 in asbestos, building law, construction industry, contracts, news by sally

‘In PBS Energo v Bester Generacion [2020] EWHC 223 (TCC), the Technology and Construction Court concluded that asbestos contamination, encountered on a biomass energy plant construction project, had been foreseeable in light of the pre-contract information provided to the subcontractor. The effect of this was that the subcontractor had not been entitled to an extension of time.’

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Law Society's Gazette, 30th March 2020

Source: www.lawgazette.co.uk

Grenfell Inquiry: Aesthetics v safety v money – BBC News

Posted March 16th, 2020 in accidents, building law, construction industry, fire, health & safety, housing, inquiries, news, standards by sally

‘Grenfell was the worst residential fire in UK peacetime history, with 72 people losing their lives. We now know what happened – the report on phase one of the public inquiry has been published – but the next phase is spending months investigating why it happened, and considering who might be to blame.’

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BBC News, 13th March 2020

Source: www.bbc.co.uk

Yuanda v Multiplex – “ascertaining” damages pre-adjudication under ABI bond – Practical Law Construction Blog

Posted March 5th, 2020 in construction industry, contracts, damages, guarantees, news by tracey

‘The TCC has just handed down judgment in Yuanda (UK) Company Ltd v Multiplex Construction Europe Ltd and another, which will be of interest to the construction industry as it deals with how ABI-type performance bonds operate.’

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Practical Law Construction Blog, 4th March 2020

Source: constructionblog.practicallaw.com