Build UK’s recommendation on contract terms: a step in the right direction – Practical Law: Construction Blog

Posted May 20th, 2019 in codes of practice, construction industry, contracts, news, standards by tracey

‘Build UK, a leading representative organisation for the construction industry, has published a non-binding recommendation on which contract terms its members should (as a minimum) refrain from using. The recommendation “seeks to form a new common ground between clients and the supply chain on contractual practice in the construction sector” with the key objectives being “to promote collaboration, encourage a fairer allocation of risk through the supply chain, and deliver better project outcomes”. In this blog I look at each of Build UK’s recommendations and consider whether they represent a departure from current market practice, or a consolidation of the examples of best practice that we are already seeing clients and contractors adopting in the current market.’

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Practical Law: Construction Blog, 15th May 2019


Phone and broadband firms to be forced to tell customers if they could be on cheaper deals under new Ofcom rules – Daily Telegraph

‘Broadband, TV, mobile and home phone companies will have to tell customers when their contract is coming to an end and show them the best deals available under new rules unveiled by Ofcom.

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Daily Telegraph, 15th May 2019


Court of Appeal judgment gives guidance on meaning of ‘practical completion’ – OUT-LAW

Posted May 14th, 2019 in appeals, construction industry, contracts, interpretation, leases, news by sally

‘A Court of Appeal ruling clarifies the meaning of “practical completion”, a common source of dispute between construction contractors and employers.’

Full Story, 13th May 2019


(Un)signed, sealed, delivered: Anchor 2020 v Midas Construction – Practical Law: Construction Blog

Posted May 9th, 2019 in construction industry, contracts, dispute resolution, enforcement, news by tracey

‘It is common practice for parties in the construction industry to undertake work under a letter of intent before the contract is formally executed. This practice ensures that design can be undertaken, materials can be procured, the site can be prepared and, ultimately, work can begin notwithstanding ongoing contractual negotiations.’

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Practical Law: Construction Blog, 8th May 2019


Song from under the floorboards – Nearly Legal

Posted May 7th, 2019 in appeals, consent, contracts, covenants, enforcement, housing, leases, news, nuisance by tracey

‘Fouladi v Darout Ltd & Ors (2018) EWHC 3501 (Ch). Although the judgment is dated December 2018, this has just appeared – a case on the perennially vexed topic of noise from a flat above. In fact it is an appeal and cross appeal on a county court judgment and order on a claim by a leaseholder against both the upstairs leaseholder and the freeholder. The reason that the claim was made, reached trial and then appeal might be connected to the value of the claimant’s flat being some £2,400,000.’

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Nearly Legal, 6th May 2019


Speech by Sir Geoffrey Vos, Chancellor of the High Court: cryptoassets as property – Courts and Tribunals Judiciary

Posted May 3rd, 2019 in computer programs, contracts, judges, judiciary, legal profession, speeches by tracey

‘Sir Geoffrey Vos, Chancellor of the High Court, gave a speech to the Joint Northern Chancery Bar Association and University of Liverpool Lecture, entitled: “Cryptoassets as property: how can English law boost the confidence of would-be parties to smart legal contracts?” ‘

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Courts and Tribunals Judiciary, 3rd May 2019


Re-baselining construction projects: drawing a line in the sand – Practical Law: Construction Blog

Posted May 2nd, 2019 in construction industry, contracts, damages, delay, drafting, fees, news by tracey

‘As construction disputes lawyers, we see our fair share of settlement agreements. And not just the traditional full and final settlements, but also one page final account settlements, and “line in the sand” agreements in which the parties seek to renegotiate elements of the contract while it is in progress. These “line in the sand” agreements seem to feature disproportionately in court judgments, and in this blog I will look at the reasons why this might be the case.’

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Practical Law: Construction Blog, 1st May 2019


Case Comment: Wells v Devani [2019] UKSC 4 – UKSC Blog

Posted April 24th, 2019 in appeals, contracts, estate agents, housing, news, Supreme Court by sally

‘Robert Jones and Joseph Marsden, who work within the insurance and reinsurance group at CMS, comment on the decision handed down in the matter of Wells v Devani [2019] UKSC 4.’

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UKSC Blog, 24th April 2019


Complications of practical completion – Law Society’s Gazette

Posted April 9th, 2019 in construction industry, contracts, landlord & tenant, leases, news by sally

‘Practical completion of works is often the trigger for other events, such as the grant of a lease. In that scenario, a landlord carries out works in accordance with a planning permission and specification pursuant to a building contract. When the works are practically complete in accordance with the building contract, the landlord will grant and the tenant will accept the lease.’

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Law Society's Gazette, 8th April 2019


Landlord’s access and actually turning up – Nearly Legal

Posted April 5th, 2019 in contracts, landlord & tenant, leases, news by tracey

‘New Crane Wharf Freehold Ltd v Dovener (LANDLORD AND TENANT – clause in lease required tenant to permit the landlord to enter) (2019) UKUT 98 (LC). What counts as “refusing access”, where a landlord has a contractual right to access on notice? This rather odd Upper Tribunal case does at least provide a degree of clarification.’

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Nearly Legal, 3rd April 2019


“Practical completion” considered by Court Appeal for first time in 50 years – Practical Law: Construction Blog

Posted April 5th, 2019 in building law, construction industry, contracts, landlord & tenant, leases, news by tracey

‘It is well known that practical completion is often easier to recognise than it is to define, which is why the Court of Appeal’s judgment in Mears Ltd v Costplan Services (South East) Ltd and others is an important read for construction practitioners.’

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Practical Law: Construction Blog, 29th March 2019


‘Common sense’ approach to notice taken in breach of warranty case –

Posted March 28th, 2019 in aircraft, contracts, damages, news, warranties by sally

‘Triumph, the multinational aerospace company, has partially succeeded in a damages claim arising out of its 2013 acquisition of three businesses belonging to the components manufacturer Primus.’

Full Story, 26th March 2019


New evidence allows second valuation of works in adjudication dispute –

Posted March 20th, 2019 in construction industry, contracts, jurisdiction, news, valuation by sally

‘A contractor has won a case in England over payment for work which was valued at nil by an adjudicator, after bringing new evidence to a later adjudication which the High Court said that the second adjudicator had jurisdiction to consider.’

Full Story, 19th March 2019


Ruling offers guidance on liquidated damages clauses for delay –

Posted March 14th, 2019 in contracts, damages, delay, news by tracey

‘A ruling by the Court of Appeal earlier this month has highlighted the importance of ensuring IT contracts are clear about how liquidated damages apply in cases where technology suppliers are late in delivering a project, an expert in IT disputes has said.’

Full Story, 13th March 2019


Liquidated Damages after Termination: Triple Point Technology v. PTT – 4 New Square

Posted March 12th, 2019 in contracts, damages, delay, interpretation, news, penalties by sally

‘What happens to liquidated damages when a contract is terminated? Is the employer entitled to payment up until the point of termination? Can damages go beyond termination until the point at which the project is completed by someone else? If so, what happens if the project is never completed? These are all questions which one would normally associate with construction contracts. However, it was in the context of a software development project that they came to be considered in the Court of Appeal in Triple Point Technology v. PTT [2019] EWCA Civ 230.’

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4 New Square, 5th March 2019


Court of Appeal discharges injunction banning firm from VW group action – Law Society’s Gazette

‘The Court of Appeal has allowed an appeal by group action specialists Harcus Sinclair challenging the enforceability of a non-disclosure agreement it entered into with a Derbyshire firm regarding the Volkswagen group litigation.’

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Law Society's Gazette, 6th March 2019


New ruling does not resolve ‘smash and grab’ adjudication uncertainty –

Posted February 28th, 2019 in construction industry, contracts, enforcement, news by tracey

‘A new court ruling leaves us little further forward on an employer’s right to adjudicate the true value of the sum due under a construction contract after failing to serve payment notices and without first paying the amount demanded by the contractor.’

Full Story, 27th February 2019


Time bars under FIDIC 2017 – are more notices the answer? – Practical Law: Construction Blog

Posted February 22nd, 2019 in construction industry, contracts, news, time limits by tracey

‘Construction and engineering contracts often contain provisions specifying that, within a particular time, one party (traditionally the contractor) must notify the other (the employer and/or the contract administrator) of a claim or the likelihood that it might advance a claim. Sometimes these “time-bar” notice provisions are elevated beyond being merely an obligation, to the status of a condition precedent to being able to pursue a successful claim. If such provisions are enforceable, they can be severe: a failure to serve the required notice in the required timescale will be fatal, regardless of the merits of the underlying claim. A well-known example of such a provision is found in clause 20.1 of the 1999 FIDIC contracts.’

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Practical Law: Construction Blog, 20th February 2019


Clancy Docwra Ltd v E.ON Energy Solutions Ltd [2018] EWHC 3124 (TCC) – Hardwicke Chambers

Posted February 20th, 2019 in building law, construction industry, contracts, documents, news, rectification, tenders by sally

‘In this case tender documentation appended to the Sub-Contract documentation had the effect of limiting the scope of obligations under the Sub-Contract.’

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Hardwicke Chambers, 25th January 2019


Supreme Court upholds estate agent contract formed over telephone –

Posted February 20th, 2019 in agency, contracts, estate agents, fees, news, remuneration, telecommunications by sally

‘The UK Supreme Court has upheld a contract concluded between a property developer and an estate agent over the telephone, including a disputed element of commission for the agent.’

Full Story, 20th February 2019