Court of Appeal’s useful guidance on implying isolated payment provisions from the Scheme – Practical Law: Construction Blog

Posted September 11th, 2019 in appeals, construction industry, contracts, news by tracey

‘For some years now modular construction has been on the increase for new buildings, particularly in the hotel sector where it is now the norm for new hotels to be supplied with bathrooms and bedrooms manufactured off site. Indeed, I suspect that most of us have stayed in such rooms without even realising that more or less everything in the room (except the loose furniture) was installed off site, and sometimes many thousands of miles off-site. It may be because I only see the projects where things have gone awry and disputes have arisen, but, having decided a few disputes regarding modular building products, it’s clear that this part of the industry remains susceptible to the types of disputes we see with more traditional methods of construction. I want to talk about one such case this week, namely the Court of Appeal’s decision in Bennett (Construction) Ltd v CIMC MBS Ltd (formerly Verbus Systems Ltd) (which it handed-down at the end of August).’

Full Story

Practical Law: Construction Blog, 10th September 2019

Source: constructionblog.practicallaw.com

Tribunal rejects solicitor’s “attempts at character assassination” – Legal Futures

Posted September 4th, 2019 in constructive dismissal, contracts, employment tribunals, news, solicitors by sally

‘A solicitor who resigned without notice was in breach of contract, an employment tribunal has ruled after finding that it was not a case of constructive dismissal.’

Full Story

Legal Futures, 4th September 2019

Source: www.legalfutures.co.uk

Insolvency proceedings, guarantees and contractual pre-conditions – Hardwicke Chambers

Posted August 29th, 2019 in contracts, guarantees, insolvency, news, statutory demands by sally

‘If you are considering commencing insolvency proceedings against another party, do ensure that they actually owe you a debt before you do so. This point is so obvious that it barely needs stating. However, Martin v McLaren Construction Ltd serves as an example of how things can go badly wrong if it is not double-checked.’

Full Story

Hardwicke Chambers, August 2019

Source: hardwicke.co.uk

David Lascelles writes on important Court of Appeal decision on Rectification – Littleton Chambers

Posted August 29th, 2019 in contracts, mistake, news, rectification by sally

‘The Court of Appeal handed down judgment yesterday [2 August] in FSHC Group Holdings Ltd v Glas Trust Corporation Limited [2019] EWCA Civ 1361.’

Full Story

Littleton Chambers, 2nd August 2019

Source: www.littletonchambers.com

New Judgment: X v Kuoni Travel Ltd [2019] UKSC 37 -UKSC Blog

‘This appeal considered whether the respondent is liable to the appellant for breach of contract and/or under the Package Travel, Package Holidays and Package Tours Regulations, reg 15.’

Full Story

UKSC Blog, 24th July 2019

Source: ukscblog.com

The New Electronic Communications Code clarified – Falcon Chambers

Posted July 5th, 2019 in codes of practice, contracts, news, telecommunications, valuation by sally

‘The Upper Tribunal has recently provided helpful clarification of the workings of several aspects of the new Electronic Communications Code (“the Code”) introduced by the Digital Economy Act 2017, which came into force on 28 December 2017.’

Full Story

Falcon Chambers, June 2019

Source: www.falcon-chambers.com

Willow Corp S.À.R.L. v MTD Contractors Ltd [2019] EWHC 1591 – Hardwicke Chambers

‘Willow engaged MTD to design and build a hotel in Shoreditch. As a result of delays in the project, the two parties agreed a revised practical completion date of 28 July 2017 (‘June Agreement’).’

Full Story

Hardwicke Chambers, 28th June 2019

Source: hardwicke.co.uk

UK firms overcharging loyal customers could soon face instant fines – The Guardian

Posted June 18th, 2019 in consumer protection, contracts, fines, news, ombudsmen by tracey

‘Firms that exploit consumer loyalty by overcharging longstanding customers could soon face instant fines under plans unveiled by the government.’

Full Story

The Guardian, 18th June 2019

Source: www.theguardian.com

A missed opportunity – Haberdashers and subrogation – Practical Law: Construction Blog

Posted June 11th, 2019 in construction industry, contracts, insurance, news by tracey

‘Earlier this year I found myself waiting for the Court of Appeal to bring the next instalment in a series of interesting decisions regarding subrogation claims in insurance disputes (not a contradiction in terms, I promise!), which I and my colleague John have been taking it in turns to blog about (see Joint insurance and rights of subrogation revisited and Co-insurance and subrogation rights revisited (again!)). Unfortunately (though perhaps not for those involved) the case in question (Haberdashers‘ Aske’s Federation Trust Ltd v Lakehouse Contracts Ltd and others) settled. But it feels as though there’s been a missed opportunity to answer a question that was left entirely open in Gard Marine and Energy Ltd v China National Chartering Company Ltd: where there is a co-insurance policy in place and a sub-contractor causes loss, if the co-insurance policy (for whatever reason) does not cover the sub-contractor, can the insurer bring a subrogated claim against the sub-contractor or, does it first have to prove the sub-contractor is liable for the loss?’

Full Story

Practical Law: Construction Blog, 11th June 2019

Source: constructionblog.practicallaw.com

Suspension of Contract – Local Government Law

‘Kenson Contractors v Haringey LBC (2019) EWHC 1230 (Admin) was an application made by the Claimant contractor, for an interim injunction against the Council to suspend its decision to award or execute a road-improvement contract to the Interested Party, Marlborough Highways Limited (“MHL”). Kenson came second in the procurement exercise for that contract and MHL came first. Because of the value of the contract (some £630,000 plus VAT) this procurement exercise was well below the threshold for the operation of the otherwise relevant parts of the Public Contracts Regulations 2015. The underlying claim was brought by way of judicial review (“JR”) of the Council’s decision to award the contract to MHL rather than Kenson.’

Full Story

Local Government Law, 22nd May 2019

Source: local-government-law.11kbw.com

Further clarification on the impact of a CVA on adjudication enforcement – Practical Law: Construction Blog

Posted May 23rd, 2019 in appeals, construction industry, contracts, damages, enforcement, insolvency, news by tracey

‘In January, in the second of the two conjoined appeals of Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd, Cannon Corporate Ltd v Primus Build Ltd, the Court of Appeal upheld the first instance decision to enforce an adjudicator’s decision where the enforcing party was in a company voluntary arrangement (CVA). In contrast, last week in Indigo Projects London Ltd v Razin and another, the court refused to enforce an adjudicator’s decision where the enforcing party was in a CVA. The reasoning was that enforcement of the decision would interfere with the accounting exercise to be carried out under the CVA. The court provided useful guidance on when this argument is likely to succeed.’

Full Story

Practical Law: Construction Blog, 22nd May 2019

Source: constructionblog.practicallaw.com

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.’

Full Story

Practical Law: Construction Blog, 15th May 2019

Source: constructionblog.practicallaw.com

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.

Full Story

Daily Telegraph, 15th May 2019

Source: www.telegraph.co.uk

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

OUT-LAW.com, 13th May 2019

Source: www.out-law.com

(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.’

Full Story

Practical Law: Construction Blog, 8th May 2019

Source: constructionblog.practicallaw.com

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.’

Full Story

Nearly Legal, 6th May 2019

Source: nearlylegal.co.uk

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?” ‘

Full speech

Courts and Tribunals Judiciary, 3rd May 2019

Source: www.judiciary.uk

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.’

Full Story

Practical Law: Construction Blog, 1st May 2019

Source: constructionblog.practicallaw.com

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.’

Full Story

UKSC Blog, 24th April 2019

Source: ukscblog.com

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.’

Full Story

Law Society's Gazette, 8th April 2019

Source: www.lawgazette.co.uk