All Case law articles – Page 7
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CommentNEC: Smooth operator
The Olympic Delivery Authority has chosen the NEC contract in the hope that it will keep the job moving efficiently. But it will only work if it’s well enough resourced
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CommentEco-towns: One hell of a job
Tim Ayres and Lynn Franklin - Gordon Brown’s eco-towns are going to be built on a legal minefield. Here’s a guide to tip-toeing through it
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CommentEasy as PI
Money matters - As you’ll be aware, the world’s financial system is in something of a mess. And as insurance is part of that system, you may wonder what’s going to happen to your professional indemnity policy.
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Comment10 years of the Construction Act
Ten years after it became law, the Construction Act is a boisterous, perplexing triumph. Here’s its biography. Overleaf, Rudi Klein and Dominic Helps add their views, and we hear from one man who went through the mill and survived
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CommentA sackload of trouble
Can a party to an adjudication introduce evidence that wasn’t previously disclosed if it fundamentally alters the original claim? The answer used to be no, but a recent judgment may have reversed this
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The wrong tool for the job
You wouldn’t go to a chiropractor to have your teeth checked, so why go anywhere other than the TCC for a building dispute?
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Pleural plaques: Kicking up a dust
In 2007 the Lords ruled that sufferers of pleural plaques could not seek compensation through the courts. But claimants could still succeed if they base their case on a breach of contract
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Non-compliance with pre-action protocol: Orange Personal Communications Services vs Hoare Lee
This judgment arose out of an application by the remaining defendant in the claim, for a stay of the proceedings pending the implementation of the process laid down by the pre-action protocol for construction and engineering disputes.The claimant engaged Kier Regional Ltd to carry out the fitting out works to ...
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CommentReinwood vs Brown: Why their lordships were right
The latest House of Lords decision to spell out the rights and wrongs of the Construction Act, and the JCT, was based on sound commercial logic
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CommentIntroducing McPFI
A new form of PPP model is being tried out in Scotland that will affect the way projects are refinanced and how profits are distributed
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The death sentence is getting tougher
The Corporate Manslaughter and Corporate Homicide Act comes into force on Sunday. Best to know what it entails now
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CommentAldi vs WSP Group: Piercing the cover field
Many people automatically assume that the insurer will pay out simply because the premium has been paid when a claim is made. But there are certain grounds on which the insurer can refuse to pay
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CommentCollateral warranties: Lost and found
The use of the word ‘costs’ instead of ‘losses’ in collateral warranties can cause much confusion as to what exactly is being referred to and who is liable for what
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The Pinnacle development: Bad vibes
The office of the London insurer Hiscox is next to the site of the Pinnacle and the latter’s demolition works are causing no end of trouble between them. But can Hiscox make the work stop?
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CommentCantillon vs Urvasco: Adjudication á la carte
The case of Cantillon vs Urvasco suggests that the parties, the adjudicator and the enforcing court have a great deal of latitude when it comes to presenting arguments and judging them
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Court refuses to enforce adjudication: Rhode vs Markham-David
Judge Thornton heard an application for summary judgment in respect of the enforcement of an adjudicator’s decision, and gave permission to defend. This cases deals with the hearing of that defence.Mr Rhode as builder carried out work for Mr Markham-David in 1999. Work went well until the parties fell out. ...
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CommentSupercasinos: Manchester’s legal gamble
Manchester council says it may sue over the decision to axe the supercasino. But will it succeed? And what are the wider questions for construction?
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Reinwood vs Brown: You again?
The highest court in the land has just given its second decision on the Construction Act. Never mind the parties, it’s two wins out of two for the JCT…
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An unfair adjudication: Humes Building Contractors Ltd vs Charlotte Homes (Surrey) Ltd
Humes Building Contractors Ltd sought to enforce by way of summary judgment an adjudicator’s decision for £158,486.26 plus VAT. The building contract was based upon a JCT Intermediate Form of Building Contract with Contractors Design 2005 Edition. Relations between the parties deteriorated and the defendant purported to terminate the contract ...
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CommentThat’s the way the money goes
Paying for materials in order to reserve them is common practice when they are in short supply. Just make sure you follow a few guidelines when doing so to avoid trouble