February
Articles matching "construction"
Freebies for friends? Burgess v Lejonvarn revisited – Indemnity costs
The Court of Appeal allowed a defendant to recover costs on the indemnity basis in circumstances where reasonable claimants should have concluded that their claims were so speculative or weak that…
Read moreMears Limited v Costplan Services (South East) Limited and Others [2019] EWCA Civ 502 – the Court of Appeal considers the issue of practical completion for the first time in 50 years.
The case concerns a dispute that arose from the development of two blocks of student accommodation at Notte Street in Plymouth ("the Development").
Read more1 – 0 To The Contractor
In a recent TCC decision, O'Farrell J held that a collateral warranty had retrospective effect, so as to effectively incorporate the terms of the original construction contract and to ensure that the…
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Adjudications: quick answers more important than right answers
Challenges to Adjudication enforcement applications are rarely successful. Whether or not the Adjudicator's decision is right or wrong is not a matter for the Court to determine. The recent case of…
Read moreFitness for Purpose: Light at the end of the tunnel?
In October 2017 we reported on the well-publicised Supreme Court’s decision in MT Højgaard v E.ON ("Højgaard") which held that a fitness for purpose obligation required the contractor to achieve a…
Read moreThe Next Generation – Key Changes for the NEC4 Future
The new generation of the NEC suite of documents is here. Published on 22 June 2017, and 12 years since the NEC3 suite was launched, Hannah Newman considers the key changes and implications of the…
Read moreFutile devices – the Court’s approach to anti-oral variation clauses
All manner of contracts contain clauses to the effect that the contract in question represents the entirety of the terms agreed by the parties. Such clauses are often supplemented by clauses which…
Read moreApparent Bias
Construction disputes, and particularly arbitrations, can sometimes seem like a small world. The pool of suitable arbitrators can be limited, and the same faces can appear again and again.
Read moreConfidentiality Clauses and Non-Disclosure Agreements
Architects need to be cautious about the potential for risks arising from the increasingly common use of non-disclosure agreements, writes Mark Klimt
Read moreTortious Liability for pure economic loss
Claims against sub-contractors in tort for economic loss are notoriously difficult to advance. Robert Calnan consider a recent TCC judgment which confirms that claimants who fail to consider fully…
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