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Crisis- en herstelwet van kracht: Log in required; Op 31 maart 2010 is de Crisis- en herstelwet in werking getreden. De Crisis- en herstelwet is een tijdelijke wet en zal vervallen op 1 januari 2014. De wet omvat tal van maatregelen die beogen bij te dragen aan versterking van de economische structuur op de korte en langere termijn. In deze nieuwsbrief bespreken we de relevante maatregelen.; (Submitted: 21 May 2010)
Versoepeling bestuursprocesrecht: Log in required; Voor de in de Crisis- en herstelwet aangewezen besluiten over ruimtelijke en infrastructurele projecten is het bestuursprocesrecht tijdelijk versoepeld. In dit artikel bespreken we de belangrijkste wijzigingen.; (Submitted: 19 May 2010)
Reikwijdte van de Crisis- en herstelwet: Log in required; De Crisis- en herstelwet bevat een aantal bepalingen die beogen de bestuursrechtelijke procedures die doorlopen moeten worden in het vergunningentraject voor bepaalde ruimtelijke en infrastructurele projecten tijdelijk te versimpelen en te versnellen. Om welke projecten gaat het?; (Submitted: 19 May 2010)
De Crisis- en herstelwet en duurzame energie: Log in required; De Crisis- en herstelwet heeft onder meer tot doel projecten op het gebied van duurzaamheid, energie en innovatie te bevorderen. Hieronder kan worden verstaan de aanleg of uitbreiding van windturbines en de bevordering van warmte-koudeopslag (WKO's).; (Submitted: 19 May 2010)
Tijdelijke verhuur te koop staande woningen: Log in required; De Crisis- en herstelwet biedt een oplossing voor projectontwikkelaars en woningeigenaren die door de crisis hun te koop staande woningen niet kwijtraken. Op grond van deze wet kunnen woningeigenaren hun te koop staande woningen tijdelijk verhuren zonder dat de huurder zich op volledige huurbescherming kan beroepen.; (Submitted: 19 May 2010)
Beperkte rechtsbescherming door de invoering van de relativiteitseis: Log in required; Eén van de instrumenten om de bestuursrechtelijke procedures te versnellen is de invoering van de zogenaamde relativiteitseis in artikel 1.9 van de Crisis- en herstelwet. Deze eis houdt in dat een belanghebbende niet langer een procedure kan vertragen door zich te beroepen op een (on)geschreven rechtsregel die niet is gemaakt om hem te beschermen.; (Submitted: 19 May 2010)
Gebiedontwikkelingsplannen: Log in required; De Crisis- en herstelwet introduceert het gebiedontwikkelingsplan. Dit is een ruimtelijk plan met betrekking tot een bestaand stedelijk gebied of een bestaand bedrijfsterrein, dat bij wijze van experiment bij algemene maatregel van bestuur voor een periode van ten hoogste tien jaar als ontwikkelingsgebied is aangewezen.; (Submitted: 19 May 2010)
Projectuitvoeringsbesluit: Log in required; In de Crisis- en herstelwet heeft de wetgever een nieuw instrument geïntroduceerd: het projectuitvoeringsbesluit. Een projectuitvoeringsbesluit is een besluit waarin verschillende vergunningen, ontheffingen en vrijstellingen die vereist zijn voor het uitvoeren van een bouwproject worden geïntegreerd. Daardoor kan het vergunningentraject voor het betreffende project versneld worden doorlopen.; (Submitted: 19 May 2010)
New Dubai real estate regulations: Log in required; In February 2010 the Dubai Executive Council issued a resolution with the long awaited regulations concerning the Initial Real Estate Register in the Emirate of Dubai.; (Submitted: 13 April 2010)
Enhanced role for Hong Kong companies on Mainland CDMs: Log in required; A recent announcement by the Hong Kong Environmental Protection Department gives effect to China's National Development and Reform Commission's earlier announcement that Hong Kong companies could be treated as Chinese companies for the purposes of carrying out CDM projects on the Mainland.; (Submitted: 17 December 2009)
Attenderingen: Log in required; In deze editie van Werk in Uitvoering de volgende attenderingen: 1) Wet Dwangsom en beroep bij niet tijdig beslissen in werking getreden, 2) Wet algemene bepalingen omgevingsrecht wederom uitgesteld, en 3) Tweede Kamer stemt in met crisis- en herstelwet.; (Submitted: 14 December 2009)
Financieel risico bij personeel van derden: Log in required; Bedrijven maken steeds vaker gebruik van personeel van derden. Het zogenaamde inlenen van dit personeel brengt tevens een financieel risico met zich mee. De inlener kan namelijk aansprakelijk worden gesteld voor de loonheffingen en omzetbelasting die verschuldigd (maar niet betaald) zijn door de uitlener. Deze risico's kunnen echter wel worden beperkt. Linda Jansen bespreekt de mogelijkheden daartoe.; (Submitted: 14 December 2009)
Wie is er verantwoordelijk voor legionellapreventie in koeltorens?: Log in required; Wanneer in een gebouw met een koeltoren meerdere partijen betrokken zijn, is het strikte noodzaak dat alle partijen in onderling en gestructureerd overleg tot een duidelijke afstemming van de taken en verantwoordelijkheden ten aanzien van legionellapreventie komen. In dit artikel bespreekt Renate Croes-Hoogendoorn aandachtspunten en verantwoordelijkheden.; (Submitted: 14 December 2009)
Verstrekte vrijstellingen onder de oude Wet op de ruimtelijke ordening waardeloos?: Log in required; Op 1 juli 2008 trad de nieuwe Wet op de ruimtelijke ordening (Wro) in werking. Aan een aantal projecten die in strijd zijn met een bestemmingsplan is vóór 1 juli 2008 een vrijstelling onder de oude Wet op de ruimtelijke ordening (WRO) verleend. Op 22 april 2009 oordeelde de rechtbank Arnhem echter dat het niet mogelijk is om met gebruikmaking van de vrijstelling onder de WRO een bouwvergunning te verlenen als de bouwaanvraag na 30 juni 2008 en dus na inwerkingtreding van de Wro is ingediend.; (Submitted: 14 December 2009)
Are we in agreement?: Log in required; A recent construction case highlights the danger of proceeding with construction work without being certain under what terms you are operating.; (Submitted: 27 November 2009)
Building up compliance in the construction industry: Log in required; A code of conduct to underpin competition law compliance has been launched in the construction industy in the wake of the long running Office of Fair Trading (OFT) investigation into the sector.; (Submitted: 01 September 2009)
NDRC Circular on wind power pricing in China: Log in required; Electricity tariffs for wind farm projects approved in China after 01 August 2009 will be determined by the project’s location.; (Submitted: 05 August 2009)
Kooperationen in der Energiewirtschaft – Ein Überblick: Log in required; Auch wenn sich die Erscheinungsformen im Laufe der Jahre geändert haben, so sind Kooperationen in der Energiewirtschaft doch weiterhin Alltag: Während in der Vergangenheit häufig schlichte (Teil)Privatisierungen im Mittelpunkt des Interesses standen, zeichnet sich derzeit ein Trend zur Re-Kommunalisierung in der Weise ab, dass auslaufende Konzessionsverträge nicht mehr an Dritte, sondern an die eigenen Stadtwerke vergeben werden.; (Last reviewed: 13 July 2009; submitted: 23 June 2009)
Attenderingen - juli 2009: Log in required; In deze editie de volgende attenderingen: 1) Kabinet blijft bij haar standpunt in procedure NEN-normen, 2) Kabinet stemt in met nieuw ontwerp voor de AMvB Ruimte.; (Submitted: 08 July 2009)
Deeltijd-WW: Log in required; In het kader van het Besluit deeltijd-WW tot behoud van vakkrachten kan de werktijd voor maximaal 50 procent worden verkort onder gelijktijdige vermindering van loon en kan voor de niet gewerkte uren WW worden aangevraagd. Deeltijd-WW is bedoeld om werkgevers, die te maken krijgen met een tijdelijke neergang in de activiteiten, financiële ondersteuning te bieden om de tijdelijke "leegloop" te bekostigen en daarmee vakkrachten te behouden.; (Submitted: 08 July 2009)
Attenderingen - januari 2009: Log in required; Naar aanleiding van de eerdere problemen in de woningen met balansventilatie in de wijk Vathorst (Amersfoort), zijn verbeteracties die gericht zijn op betere afstelling installaties, regeling en onderhouding door de gemeente Amersfoort uitgevoerd.; (Submitted: 09 January 2009)
Een overzicht van alle termijnen in de bouw: Log in required; In het bouwrecht gelden in geval van gebreken en tekortkomingen verschillende verjarings-, verval- en garantietermijnen voor rechtsvorderingen.; (Submitted: 09 January 2009)
Ontslagvergoeding: Log in required; Op de verzoekschriften tot ontbinding van een arbeidsovereenkomst die worden ingediend op of na 01 januari 2009 zullen de kantonrechters de nieuwe aanbevelingen toepassen.; (Submitted: 09 January 2009)
Verminderen regelzucht door invoering omgevingsvergunning: Log in required; De Wet algemene bepalingen omgevingsrecht (hierna: Wabo), die naar verwachting in werking zal treden op 01 januari 2010, moet de veelheid aan regelgeving op het gebied van bouwen, ruimte, natuur, monumenten en milieu eenvoudiger en transparanter maken voor burgers en bedrijfsleven.; (Submitted: 09 January 2009)
Bestuurdersaansprakelijkheid: Log in required; De aansprakelijkheid van bestuurders staat erg in de belangstelling de laatste tijd. Verscheidene grote zaken hebben de aandacht getrokken in de pers (Ahold, Ceteco, KPNQwest). Het lijkt alsof bestuurders aan alle kanten worden bedreigd met aansprakelijkheid. Is dat wel zo? Zo ja, hoe kunnen bestuurders zich daartegen wapenen? Hoe bont moet u het maken als bestuurder en welke bescherming hebt u als bestuurder nodig?; (Submitted: 09 January 2009)
Performance bonds: Log in required; Case summary of TTI Team Telecom v Hutchinson 3G UK Limited.; (Last reviewed: 29 December 2008; submitted: 30 May 2003)
Attendering - august 2008: Log in required; De tweede fase van de Wet informatie-uitwisseling ondergrondse netten gaat in op 01 oktober 2008. Op dat moment treden de verplichtingen rond de informatie-uitwisseling in werking.; (Submitted: 29 August 2008)
Wet ter voorkoming van witwassen en financieren van terrorisme: Log in required; Op 01 augustus 2008 is de Wet ter voorkoming van witwassen en financieren van terrorisme (Stb. 2008, 303) in werking getreden. Met deze wet wordt de derde Europese anti-witwasrichtlijn (2005/60/EG) geïmplementeerd en worden de oude Wet identificatie bij dienstverlening en Wet melding ongebruikelijke transacties samengevoegd.; (Submitted: 29 August 2008)
Afdeling 3.5 Algemene wet bestuursrecht: Samenhangende Besluiten: Log in required; Op 01 juli 2008 is een nieuwe afdeling 3.5 "samenhangende besluiten" aan de Algemene wet bestuursrecht toegevoegd. Hiermee wordt de Awb met twee onderdelen aangevuld: een informatieverplichting en een coördinatieregeling.; (Submitted: 29 August 2008)
Wanneer mag een aanbestedende dienst inbesteden?: Log in required; In geval van inbesteding wordt een opdracht door een aanbestedende dienst onderhands gegund aan een aan die aanbestedende dienst verbonden onderneming. Een aantal uitspraken van het Hof van Justitie van de Europese Gemeenschappen geeft de kaders weer binnen welke aanbestedende diensten tot inbesteding mogen overgaan.; (Submitted: 29 August 2008)
Attendering - juli 2008: Log in required; Op 01 juli a.s. zal de nieuwe Wet ruimtelijke ordening in werking zal treden. Simmons & Simmons heeft het initiatief genomen om haar cliënten op een meer persoonlijke wijze over deze wet te informeren.; (Submitted: 09 June 2008)
Richtlijn Mediation aangenomen door Europees Parlement: Log in required; Op 23 april 2008 heeft het Europees Parlement de Richtlijn betreffende bepaalde aspecten van bemiddeling in burgerlijke en handelszaken aangenomen. Zoals de benaming van de Richtlijn al aangeeft, heeft deze niet tot doel om alles te willen regelen met betrekking tot mediation.; (Submitted: 09 June 2008)
De nieuwe Waterwet: een juridische integratieslag: Log in required; Op 25 maart 2008 heeft de Tweede Kamer ingestemd met wetsvoorstel de Waterwet. Daarmee kan straks volstaan worden met het aanvragen van één watervergunning. Naar verwachting zal deze medio 2009 in werking treden.; (Submitted: 09 June 2008)
Construction update October 2007: Log in required; A summary of recent case law and other developments, which are of interest to those in the construction industry.; (Submitted: 16 October 2007)
Striking out: Aldi v WSP Group: Log in required; The principle that parties should not have to face the same allegations twice in successive proceedings applies to cases where the claimaints in each of the relevant actions are closely related.; (Last reviewed: 16 March 2007; submitted: 06 February 2007)
Adjudication – Time Limits: Cubitt v Fleetglade: Log in required; Even if timetables in an adjudication are mandatory, they must be operated in a sensible and businesslike way so that a party may be excused for delay which is not his fault.; (Submitted: 14 March 2007)
Formation of contract: Shepherd v Enica: Log in required; A contracting party will generally be bound by the other party's standard terms where they are annexed to offer letters save possibly where those terms contain clauses which are clearly unreasonable or extortionate.; (Submitted: 14 March 2007)
Adjudication - late award: Aveat v Jarram: Log in required; If adjudication provisions within a contract are non compliant with the Construction Act, the scheme made under the Act will replace them in their entirety.; (Submitted: 14 March 2007)
Adjudication - Late award: Epping v Briggs: Log in required; The time limit in the Construction Act for the adjudicator to produce his award is mandatory and an adjudication scheme will be struck down if it makes contrary provision.; (Submitted: 06 February 2007)
Home Information Packs: Log in required; The Department for Communities and Local Government published a consultation paper in January 2007 summarising the present state of progress in relation to the contents of Home Improvement Packs and requested views on various issues arising. This article looks at the current status of the proposals and the consultation paper.; (Submitted: 06 February 2007)
Adjudication - Declarations: Multiplex v Mott MacDonald: Log in required; The court will be prepared to make declarations as to the parties’ rights if by doing so it will narrow the scope of dispute between them.; (Submitted: 06 February 2007)
Adjudication - 'Same dispute': Quietfield v Vascroft: Log in required; If a contractor seeks to rely on the same relevant event in successive applications for an extension of time, then on the second occasion he must put forward new material in support if his application is to proceed.; (Submitted: 06 February 2007)
Costs - Insurers: Plymouth v Architecture: Log in required; An order for costs may be made against a non party such as insurers where they alone are responsible for instructing solicitors and for defending the claim.; (Submitted: 06 February 2007)
Nuisance - the rule in Rylands v Fletcher: Log in required; Case summary of Transco Plc v Stockport Metropolitan Borough Council.; (Last reviewed: 22 January 2007; submitted: 17 December 2003)
PFI contracts - change mechanisms: Log in required; Litigation concerning the operation of PFI contracts and other concession agreements - this case, now heard before the Court of Appeal, raises the issue of a concessionaire's obligation to make changes in the capacity of a light rail network: London Bus Services Limited v TramTrack Croydon Limited; (Submitted: 08 January 2007)
London Bus Services Ltd v Tramtrack Croydon Ltd: Log in required; Litigation concerning the operation of PFI contracts and other concession agreements - this case raises the issue of a Concessionaire's obligation to make changes in the capacity of a light rail network.; (Last reviewed: 08 January 2007; submitted: 12 May 2006)
Adjudication - Enforcement: Hart v Fidler: Log in required; If a referral notice is not served within seven days of intention to refer a matter of adjudication, then a subsequent award will not be enforceable unless late service of the notice has been waived by the other party.; (Submitted: 22 December 2006)
Temporary arrangements: Somerfield v Skanska: Log in required; A letter of intent requiring works to be carried out "under the terms of the contract" will usually indicate that those terms of the contract will apply to works carried out under the letter unless the surrounding circumstances or commercial common sense indicate otherwise.; (Submitted: 22 December 2006)
Adjudication - Set off: Knapman v Richard: Log in required; Set off against an adjudicator's decision in respect of liquidated damages not awarded by the adjudicator will only be permitted where recovery of such damages is the logical conclusion of the adjudicator's decision.; (Submitted: 22 December 2006)
Amendments: Secretary of State v Pell Frischmann: Log in required; If a party seeks to amend his pleading under CPR rule 17.4 the court must first consider whether the amendment relies on the same facts in respect of which a remedy has already been sought by the party seeking to amend. If so, it will then be a matter of impression whether the amendment amounts to a new claim.; (Submitted: 22 December 2006)
Uncertainty: Bell v Rekon: Log in required; Once a contract has come into existence, even the expression "to be agreed" in relation to future obligations is not necessarily fatal to the continued existence of the contract.; (Submitted: 22 December 2006)
Force majeure and legislative changes: 3C Waste Ltd v Mersey Waste Holdings Limited: Log in required; A force majeure clause may become operative where subsequent legislation requires one party to impose charges on a different basis from that originally applicable to the Contract.; (Submitted: 28 November 2006)
The consequences of the termination of long-term contracts: Log in required; Two recent cases - Bank of Scotland v Neath Council and South Oxfordshire District Council v Sita UK Limited - have highlighted the potential difficulties in both terminating long-term contracts and assessing the implications for future provision of the service.; (Submitted: 28 November 2006)
Injunctions – right to light: Regan v Paul Properties Limited: Log in required; The Court of Appeal decision in Regan v Paul Properties Limited restates the criteria for granting injunctions in rights of light cases.; (Submitted: 28 November 2006)
Contracts (Rights of Third Parties) Act 1999: Avraadis v Collwill: Log in required; The Contracts (Rights of Third Parties) Act 1999 will only confer benefits on a class of parties to a contract where that class is expressly identified by name or description.; (Submitted: 28 November 2006)
Traffic Management Act 2004 - Consultation on street works: Log in required; The government has issued a consultation document on further provisions in respect of street works under the Traffic Management Act 2004 amending the New Roads and Street Works Act 1991.; (Submitted: 28 November 2006)
Arbitration and Adjudication: Harlow & Milner Ltd v Mrs Linda Teesdale: Log in required; An adjudicator's award can be enforced by way of a charging order notwithstanding that there are arbitration proceedings still pending.; (Submitted: 28 November 2006)
Adjudication - Enforcement: McConnell v National Grid: Log in required; A supplemental agreement will be subject to the Construction Act where its purpose is to make further provision in respect of the works covered by the original contract.; (Submitted: 28 November 2006)
Repudiation: South Oxfordshire District Council v Sita: Log in required; In the absence of express provision a party can generally only determine a contract for repudiatory breach where the other party has acted in a manner indicating that it no longer intends to be bound by the contract.; (Submitted: 23 October 2006)
Meaning of 'Procure': Nearfield v Lincoln and Another: Log in required; The normal meaning of the word "procure" in agreements or similar documents is that one party will "see to it" that an obligation is complied with, usually by a third party.; (Submitted: 23 October 2006)
Declarations: Clerical Medical v Crest Nicholson and Others: Log in required; The court will not give declarations on hypothetical issues but rather only on matters raised in the pleadings on which a binding decision is sought.; (Submitted: 23 October 2006)
Arbitration – appeals: CGU v AstraZeneca: Log in required; Although the High Court's decision on the appeal under the Arbitration Act is usually final, the Court of Appeal retains a residual discretion to consider a further appeal where the High Court's decision was rendered in circumstances resulting in amounting to unfairness.; (Submitted: 23 October 2006)
Termination of PFI Contracts: Bank of Scotland v Neath Council and Others: Log in required; The discretion to order a sale of property which is the subject matter of proceedings under CPR 25 is a wide one and is not limited to circumstances where the property is perishable or depreciating.; (Submitted: 23 October 2006)
JCT Standard Form Building Contract 2005: Log in required; Major differences from With Quantities version 1998.; (Submitted: 23 October 2006)
NEC Framework Agreement 2005: Log in required; NEC issued their new Framework Agreement in July as part of their complete re-issue of the NEC suite.; (Submitted: 23 October 2006)
CIS Tax Scheme Provisions: Log in required; The construction industry has received special treatment for many years with a view to minimising avoidance or evasion of tax which might otherwise result from the fragmented nature of the industry.; (Submitted: 23 October 2006)
Adjudication – Oral Contract: Lloyd Projects v Malnick: Log in required; This case raised the question of whether a contract was sufficiently made or evidenced in writing to fall within the Construction Act.; (Submitted: 23 October 2006)
Adjudication – Costs: John Roberts v Parkcare: Log in required; This case raises a new point on costs issues in adjudication arising out of abandonment of such proceedings.; (Submitted: 23 October 2006)
Tort - Duty of Care: Fuji v Catalytic Combustion: Log in required; The facts of this case were complex and related to defects in equipment supplied by the defendant to the claimants for use in their printing works in Gillingham in Kent.; (Submitted: 23 October 2006)
Adjudication - Notices: Bennetts v FMK: Log in required; This was a case where the defendant contractor had served notice of intention to refer a dispute to adjudication under the JCT standard form.; (Submitted: 23 October 2006)
Adjudication - Jurisdiction: Allen Wilson v Buckingham: Log in required; This case addresses the problems of jurisdiction in an adjudication resulting from a letter of intent.; (Submitted: 23 October 2006)
Construction Industry Tax Scheme: Log in required; Changes on the way from April 2007.; (Submitted: 18 October 2006)
Preferred Bidder Debt Funding Competitions – HM Treasury Draft Guidance – August 2006: Log in required; HM Treasury have issued draft guidance on preferred bidder debt funding competitions in PFI.; (Submitted: 15 September 2006)
Assignment - 'black holes' - Technotrade Ltd v Larkstore Ltd: Log in required; An assignee can recover in respect of breaches of contract occurring before the date of the assignment to him even though damage occurs subsequent to that date as a result of the breach.; (Submitted: 11 September 2006)
Arbitration - Section 45 Applications - Taylor Woodrow v Barnes & Elliott: Log in required; The court has a discretion as to whether to allow one party to apply to the court on a point of law during the course of an arbitration notwithstanding that the parties have consented in advance to such applications being made.; (Submitted: 11 September 2006)
Rights of light - Regan v Paul Properties: Log in required; The "50 per cent" Rule in respect of interference with rights of light is not a rule of law but a useful guide to be adopted according to the circumstances.; (Submitted: 11 September 2006)
Adjudication – oral contracts - Redworth Construction v Brookdale Healthcare: Log in required; In order to qualify as a written contract for the purposes of the Construction Act, the parties must have recorded in writing their entire agreement apart from trivial matters.; (Submitted: 11 September 2006)
Letters of intent - Cunningham v Collett and Farmer: Log in required; Letters of Intent may be appropriate for use where the contract workscope, contract terms and timescale are broadly agreed and there are good reasons for starting work in advance of the finalisation of the contract documents.; (Submitted: 11 September 2006)
CIC draft Consultants' Contract 2006: Log in required; The Construction Industry Council have issued a draft Consultants' Contract on which they have invited comments by mid-August.; (Submitted: 01 August 2006)
Insurance obligations - TFW v Interserve: Log in required; Under the JCT Minor Works Agreement 1998 the contractor's obligation to insure the Works expires at practical completion.; (Submitted: 01 August 2006)
Arbitration - Removal of arbitrator - Norbrook v Tank: Log in required; Direct unilateral telephone contact by an arbitrator with witnesses of fact will generally be a ground for the removal of an arbitrator unless his actions have been approved by the parties.; (Submitted: 01 August 2006)
Adjudication - Scope of dispute - Midland Expressway v Carillion Construction: Log in required; There is nothing to prevent a claimant in adjudication from withdrawing a claim before an award is made and raising it again at a later adjudication.; (Submitted: 01 August 2006)
Pre action disclosure - Birse v HLC SA: Log in required; Pre action disclosure will not lightly be ordered in the Technology and Construction Court but may be appropriate where it can assist the dispute to be resolved without proceedings or may save costs.; (Submitted: 01 August 2006)
Energy review: opportunity or challenge for the nuclear sector?: Log in required; On 11 July 2006, the UK goverment published its conclusions to its Energy Review: The Energy Challenge, in which it sets out proposals for dealing with the issues of climate change and security of supply. Fundamental to these proposals is the government's position that nuclear power has a role to play in the UK's future energy mix.; (Submitted: 28 July 2006)
Public Procurement - BSF Group v Secretary of State for Defence and Another: Log in required; This case on the 1995 Regulations relating to procurement of public works and similar contracts may provide some indication as to how the courts will approach the new Public Contracts Regulations 2006.; (Submitted: 12 July 2006)
Hazardous Substances - Important new rules affecting electrical and electronic equipment: Log in required; The new laws relating to the sale and purchase of electrical and electronic equipment in the European Union may have important implications for your business. These laws relate to two European Union Directives having similar focus: the Restriction of the use of certain Hazardous Substances Directive (being implemented in the UK on 01 July 2006) and the Waste Electrical and Electronic Equipment Directive.; (Submitted: 05 July 2006)
NEC3 – has it joined the mainstream?: Log in required; The third edition of the New Engineers Contract (NEC 3) introduces a number of amendments to clarify the contract and provide for more effective adoption in practice of its underlying principles. This article examines whether the changes are likely to lead to more widespread adoption of NEC.; (Submitted: 23 June 2006)
Tonkin v UK Insurance Limited - Reinstatement claims under insurance policies: Log in required; A look at the issues which arose in this case in relation to the date of assessment and late payment by the insurers.; (Submitted: 23 June 2006)
Sandhu v Woolworths – Damage to property: Log in required; The court had to consider whether a duty of care was owed by the tenant of an adjoining unit to the claimant and whether this duty of care had been breached. The case also indicates the difficulties parties may face if they are seen to be less than frank with evidence, either in person or by way of disclosure of documents.; (Submitted: 23 June 2006)
Plymouth v Architecture – Quality Surveyors negligence: Log in required; There have been few cases in recent times where allegations of negligence against quantity surveyors have been fully considered by the courts. This case provides a detailed analysis of the scope of the quality surveyor's obligation and the areas in which they fell short of exercising reasonable care and skill.; (Submitted: 23 June 2006)
Interserve v Cleveland – set-off: Log in required; This case involved an application for summary judgement to enforce an adjudicator's decision.; (Submitted: 23 June 2006)
Repudiation - Wembley Stadium: Log in required; Case summary of Multiplex v Cleveland Bridge.; (Submitted: 16 June 2006)
FIDIC MDB Harmonised Construction Contract and FIDIC CD Rom: Log in required; FIDIC have issued a special edition of the 1999 Red Book (Employers Design) Contract for use as part of standard bidding documents for multi-lateral development banks. The contract was released in May 2005 with an amended second version in March 2006.; (Submitted: 19 May 2006)
Zissis v Carter - Appeals - Party wall award: Log in required; Clarification of the appeal procedure for Party wall appeals.; (Submitted: 19 May 2006)
Safeway Stores v Interserve - Collateral warranties: Log in required; Few cases have considered the substantive wording of collateral warranties but this case directly addresses an issue on which there appears to be no previous authority.; (Submitted: 19 May 2006)
Kier v City - Excess of jurisdiction: Log in required; This case considers the Carillion judgement and the extent to which (if at all) earlier cases such as Buxton (2004) are still good law.; (Submitted: 19 May 2006)
Kershaw v Kendrick - Arbitration appeals: Log in required; This was an appeal under section 69 of the Arbitration Act 1996 against an arbitrator's award on sums due to a sub-contractor on its final account.; (Submitted: 19 May 2006)
Capital v Time and Tide - Economic duress: Log in required; This unusual case raises the issue of whether an adjudicator's award should be enforced where a defendant contends that the underlying agreement was entered into as a result of economic duress.; (Submitted: 19 May 2006)
PFI: Strengthening long-term partnerships: Log in required; A summary of the likely changes in guidance on Private Finance Initiative (PFI) projects indicated in this report issued by Her Majesty's Treasury in March 2006.; (Submitted: 12 May 2006)
Draft Corporate Manslaughter Bill - Government Reply: Log in required; The Government's response to the first joint report from the Home Affairs and Work and Pensions Committees report on the Corporate Manslaughter Bill.; (Submitted: 18 April 2006)
Melville v Wimpey - Adjudication - Termination: Log in required; Case summary of Melville Dundas v George Wimpey and Another.; (Submitted: 18 April 2006)
Enterprise v Strand - Insurance - Global Settlements: Log in required; Case summary of Enterprise Oil v Strand Insurance Company.; (Submitted: 18 April 2006)
Dalkia v Celtech - Termination: Log in required; Case summary of Dalkia Utilities v Celtech.; (Submitted: 18 April 2006)
Captiva v Rybarn - Development Agreements: Log in required; Case summary of Captiva Estates Limited v Rybarn Limited.; (Submitted: 18 April 2006)
Ardmore v Taylor - Adjudication - Enforcement: Log in required; Case summary of Ardmore Construction v Taylor Woodrow.; (Submitted: 18 April 2006)
British Gas v Amerada - Termination: Log in required; Case summary of British Gas Trading Limited v Amerada Hess Limited and another.; (Submitted: 18 April 2006)
JCT Collateral Warranties 2005 Series: Log in required; JCT have now re-issued their suite of collateral warranties and this note reviews the warranties intended to be given by a contractor to a purchaser or tenant and funder respectively.; (Submitted: 14 March 2006)
Construction Management: Log in required; Case summary of Scheldebouw v St James Homes.; (Submitted: 14 March 2006)
Adjudication - Costs: Log in required; Case summary of John Roberts Architects Ltd v Parkcare Homes (No.2).; (Submitted: 14 March 2006)
Breach of statutory duty: Log in required; Case summary of MoD v Thames Water Utilities Limited.; (Submitted: 14 March 2006)
Adjudication - Enforcement: Log in required; Case summary of Michael John Construction v Golledge and Others.; (Submitted: 14 March 2006)
Adjudication - Disputes: Log in required; Case summary of All In One Building v Makers UK Limited.; (Submitted: 14 March 2006)
Construction Year Review 2005: Log in required; This review covers many topics of interest in the construction field for the year 2005.; (Submitted: 08 February 2006)
City of London Law Society Standard Form Letter of Intent: Log in required; For the first time a standard form letter of intent has been produced. This form has been published by the City of London Law Society and is available to view free on their web site.; (Submitted: 08 February 2006)
Construction Act Consultation – Department of Trade and Industry: Log in required; Analysis of responses; (Submitted: 08 February 2006)
Damage to Equipment – New Roads and Street Works Act 1991: Log in required; Case summary of Telewest Limited v Yorkshire Electricity Distribution Plc 15 December 2005 (TCC) HHJ Grenfell; (Submitted: 08 February 2006)
Consultants' Duty of Care: Log in required; Case summary of Ove Arup 21 December 2005 (Civil Division); (Submitted: 08 February 2006)
Adjudication - PFI sub-contracts: Log in required; Case summary of Midlands Expressway v Carillion Construction 24 November 2005 (TCC) (Mr Justice Jackson); (Submitted: 08 February 2006)
Experts' Reports - reliance: Log in required; Case summary of Gurney v Gleeds Health and Safety Limited 25 January 2006 (TCC) HHJ Coulson; (Submitted: 08 February 2006)
Adjudication - Enforcement: Log in required; Case summary of David McLean Contractors Ltd v The Albany Building Ltd 10 November 2005 (TCC) HHJ Gilliland QC; (Submitted: 08 February 2006)
Identity of Parties: Log in required; Case summary of Andrew Wallace v Artisan Regeneration Limited 10 January 2006 (TCC) HHJ Kirkham; (Submitted: 08 February 2006)
Termination of Contract - Repudiation at common law: Log in required; Case summary of Shawton Engineering v DGP International 18 November 2005 (Court of Appeal); (Submitted: 09 December 2005)
Leave to appeal against an Arbitrator's award: Log in required; Case summary of Surefire Systems Limited v Guardian ECL Limited 10 August 2005 (TCC) Mr Justice Jackson.; (Submitted: 09 December 2005)
Letters of Intent: Log in required; Case summary of Hackwood v Areen 28 October 2005 (TCC) Mr Justice Field.; (Submitted: 09 December 2005)
Insurance - Imminent Damage: Log in required; Case summary of Gerling General Insurance Co. et al v Canary Wharf Group Plc 28 October 2005 (Commercial Court Mr Justice Clarke).; (Submitted: 09 December 2005)
Design Responsibility: Log in required; Case summary of Emcor Drake and Scull Limited v Edinburgh Royal Joint Venture and Others 28 October 2005 (Outer House, Court of Session, Scotland).; (Submitted: 09 December 2005)
Adjudicator's Jurisdiction: Log in required; Case summary of Carillion v Devonport 16 November 2005 (Court of Appeal).; (Submitted: 09 December 2005)
NEC/ECC Third Edition: Log in required; The long awaited third edition of the Engineering and Construction Contract (also known as NEC 3) appeared in July 2005. Comments are set out below on some of the changes between the second and third editions of the Contract.; (Last reviewed: 21 November 2005; submitted: 14 June 2005)
Assessment of Contribution: Log in required; Case summary of Brian Warwicker v Hok International 27 July 2005 (Court of Appeal); (Submitted: 21 November 2005)
Indemnity Clauses: Log in required; Case summary of RWE Nukem v AEA Technology 20 October 2005 (Court of Appeal); (Submitted: 21 November 2005)
Removal of Arbitrator: Log in required; Case summary of Sinclair v Woods of Winchester and Harrison 14 July 2005 (TCC) HHJ Peter Coulson QC; (Submitted: 21 November 2005)
Pre-Action Protocol - Costs: Log in required; Case summary of McGlinn v Waltham Contractors Limited & Others 24 June 2005 (TCC) HHJ Coulson QC; (Submitted: 21 November 2005)
Notices: Log in required; Case summary of Lafarge (Aggregates) Limited v London Borough of Newham 24 June 2005 (Commercial Court) Mr Justice Cooke.; (Submitted: 21 November 2005)
Liability Caps: Log in required; Case summary of Decoma v Haden Drysys 27 July 2005 (TCC) HHJ Coulson.; (Submitted: 21 November 2005)
A statutory demand for payment does not generally have the effect of either extending the period for payment of the relevant sum or waiver of any other rights: Log in required; Case summary of Celtech International Limited v Dalkia Utilities Services Limited 12 February 2004 (Companies Court).; (Last reviewed: 13 September 2005; submitted: 24 June 2004)
Awards of Interest: Log in required; The provisions of the Arbitration Act 1996 as to awards of interest by arbitrators only apply where no provision is made either by the contract itself or by the relevant applicable law as to the manner in which interest will be awarded: Lesotho Highlands Development Authority v Impregilo.; (Last reviewed: 07 September 2005; submitted: 04 November 2003)
Construction Act - consumers: Log in required; Assessment of whether a term is unfair within the meaning of the Unfair Contract Terms Act must be made prospectively as at the time the relevant contract is made.; (Last reviewed: 07 September 2005; submitted: 20 December 2004)
Timing of Demands and Liability Under Bonds: Log in required; A review of Alstom Combined Circles Limited v Henry Boot Plc - 01 May 2001 (Technology and Construction Court) HHJ Seymour QC.; (Last reviewed: 07 September 2005; submitted: 18 May 2001)
Limitation of Actions: Log in required; Procedural bars to proceedings which operate by way of defence only will not affect the date of accrual of a cause of action for limitation purposes.; (Last reviewed: 07 September 2005; submitted: 28 February 2005)
British Property Federation - new consultancy agreement and revised versions of forms of collateral warranty: Log in required; The BPF has issued a new consultancy agreement and revised versions of its forms of collateral warranty. These forms have raised considerable controversy and consultants have contended that their terms are unduly favourable to employers.; (Submitted: 18 July 2005)
Mediation: Log in required; Discussions during the mediation process are usually privileged against disclosure to non-parties and the Court will restrain their disclosure by injunction where necessary.; (Submitted: 18 July 2005)
Adjudication - Enforcement: Log in required; A stay of enforcement of an adjudicator’s award will be granted if a defendant can be shown to be unable to repay the judgment sum should the adjudicator’s decision be reversed.; (Submitted: 18 July 2005)
Arbitration - Notices: Log in required; The provisions of a contract relating to giving of notice to refer to arbitration are not in general mandatory unless the contract so provides expressly.; (Submitted: 18 July 2005)
Arbitration - Challenges to Awards: Log in required; Section 68 of the Arbitration Act 1996 permits challenges to awards on the ground of irregularity but cannot be used as a device to mount an appeal against an arbitrator’s decision on a point of fact.; (Submitted: 18 July 2005)
NEC - Project Manager’s Functions: Log in required; Where damages would be an adequate remedy for the claimant, an injunction will not generally be granted so as to compel a project manager to exercise his functions in accordance with the contract.; (Submitted: 18 July 2005)
Nuisance Claims: Log in required; Liability for nuisance arising from tree root damage to property will not arise until notice of the damage is given to the tree owner and he has a reasonable opportunity to take remedial action.; (Last reviewed: 17 June 2005; submitted: 20 December 2001)
Building Act exemptions: Log in required; A wide interpretation is to be given to the meaning of the exemption for statutory undertakers under section 4 of the Building Act 1984: Manchester City Council v Railtrack Plc.; (Last reviewed: 17 June 2005; submitted: 21 January 2003)
Nuisance: Log in required; In claims for nuisance and negligence against the owner of a "flying freehold", the test to be applied for liability will be the reasonableness of acts as between neighbours: Abbahall Limited v Smee.; (Last reviewed: 17 June 2005; submitted: 21 January 2003)
Arbitration - Jurisdiction: Log in required; Claims under one contract cannot, in general, be dealt with under the arbitration clause of another contract save, perhaps, where that other contract amounts to a variation of the first contract.; (Submitted: 14 June 2005)
Letter of Intent: Log in required; A term providing for recovery of "direct cost and directly incurred losses" will generally include a claim for loss of profit unless such a claim is specifically excluded.; (Submitted: 14 June 2005)
Architect’s Fees: Log in required; A contractual term which provides that a client must indemnify an architect for legal and other costs spent in connection with unsuccessful proceedings is likely to be found unfair in favour of a consumer client unless it has been individually negotiated.; (Submitted: 14 June 2005)
Experts: Log in required; If the party needs permission of the court to rely on a new expert witness, the court has the power to give such permission on the condition that the party’s first expert’s report is disclosed to the other party.; (Submitted: 14 June 2005)
Supply and Sale of Goods: Log in required; Where a claimant seeks loss of profit as a result of a supply of defective goods, he will only rarely be able to claim wasted expenditure as an alternative.; (Submitted: 14 June 2005)
Adjudication - Natural Justice: Log in required; Adjudicators will not always be required to put their provisional conclusions for comment to the parties or to give full statements of their reasons; an error of fact or law in an award made within jurisdiction cannot justify a party’s refusal to comply with an adjudicator’s award.; (Submitted: 14 June 2005)
ICE Dispute Resolution Board Procedure 2005: Log in required; ICE has published a dispute resolution board procedure envisaging that parties adopting it will maintain a standing board of dispute resolvers available to the parties from the commencement of a project.; (Submitted: 09 May 2005)
Adjudication - Late Awards: Log in required; In Scotland, an adjudicator's award made after the 28 day period specified in the Construction Act (or any agreed extension) has expired will be invalid and unenforceable.; (Submitted: 09 May 2005)
Adjudication - Enforcement: Log in required; Neither the Construction Act nor the Scheme made under it necessarily require a Notice of adjudication to be given before an application can be made for nomination of an adjudicator. However, the adjudicator cannot be appointed until the Notice is served.; (Submitted: 09 May 2005)
Costs - Conduct: Log in required; The purpose of cross-examination is to elicit factual or expert evidence rather than to obtain a witness’ comments on the merits of the case.; (Submitted: 09 May 2005)
Costs - Conduct: Log in required; Under the Civil Procedure Rules it is only a starting point (not a presumption) that costs are to be awarded according to success on each issue decided; proportionate awards should always be considered.; (Submitted: 09 May 2005)
Engineer’s Decision under ICE Guidelines: Log in required; An engineer reaching his decision under Clause 66 of the ICE Conditions of Contract does not have to comply with the rules of Natural Justice, although he has to act independently and honestly.; (Submitted: 09 May 2005)
Liquidated damages clauses: Log in required; The test as to whether a liquidated damages term is a genuine pre-estimate of loss is primarily an objective one.; (Submitted: 09 May 2005)
Arbitration - 'Dispute': Log in required; Even if a claim has not been expressly rejected, silence in response may suffice for inference that the claim is not admitted and hence a dispute arises for the purposes of the Arbitration Act.; (Last reviewed: 09 May 2005; submitted: 31 January 2005)
Design liability: Log in required; An architect may owe a duty of care in tort to a subsequent occupier for latent design defects where there is no reasonable possibility of inspection and physical damage occurs: Bellefield Computer Services & Others v E Turner & Sons Limited and Others.; (Last reviewed: 21 April 2005; submitted: 21 January 2003)
Adjudications - disputes: Log in required; In adjudication, the scope of the “dispute” must be determined by first looking at what dispute the parties agree to refer, and secondly on what basis.; (Submitted: 07 April 2005)
Costs: Log in required; Under Part 44 of the Civil Procedure Rules, the conduct of the parties, the extent of success on their respective claims and any payments into court or offers to settle must be taken into account in making a costs order.; (Submitted: 07 April 2005)
Quantum Meruit: Log in required; In general, a claim for quantum meruit cannot be made in respect of work incorporated within the work scope originally specified under a building contract.; (Submitted: 07 April 2005)
Breaches of Contract: Log in required; If acceleration measures are taken to overcome delay caused by a defendant construction manager’s breach of contract and to mitigate the claimant’s loss, then in principle the cost of such measures will be recoverable as liquidated damages are not available.; (Submitted: 07 April 2005)
Adjudication - Limitation and contract in writing: Log in required; An adjudicator must take into account any limitation defence available to the parties when considering his award.; (Last reviewed: 07 April 2005; submitted: 07 September 2004)
Adjudication: Log in required; There is nothing in the Construction Act to indicate that adjudications cannot be commenced after the relevant limitation period has expired. Any such proceedings will not be an abuse of process but the adjudicator is likely to take account of any limitation defence in his or her award.; (Submitted: 07 April 2005)
Limitation: Log in required; Even though there may be concurrent liability in contract for the same loss, the limitation period in tort for negligent design accrues when physical damage to a building first occurs.; (Submitted: 15 March 2005)
Amendments: Log in required; The court will, in general, allow amendments to add an additional party to a claim even after the expiry of the relevant limitation period, provided that the new party is sought to be added where another party was named by mistake or where the claim cannot properly be carried on without the addition of the relevant party.; (Last reviewed: 04 March 2005; submitted: 07 September 2004)
Arbitration - setting aside: Log in required; Permission to appeal against an Arbitrator’s award can only be granted where a point of law arises – this may occur if an arbitrator has misdirected himself by failing to take account of factors that he should have considered.; (Submitted: 28 February 2005)
Amendment of claim form: Log in required; Where it is sought to add an additional party omitted by mistake but the relevant limitation period has expired, amendment will only be allowed where the mistake necesssitates a change of parties having regard to the overriding objective of the Civil Procedure Rules.; (Submitted: 28 February 2005)
Guarantees - mistake: Log in required; Where a document contains an incorrect name which may refer to either of two possible parties it is unlikely that the correct party can be identified solely on the grounds of an accidental misnomer.; (Submitted: 28 February 2005)
Measure of Loss: Log in required; In a claim for negligence, subsequent events must be taken into account in assessing damages where the financial loss claimed is not suffered at the date the event occurs.; (Submitted: 28 February 2005)
Winding-up - Set off: Log in required; The court has a discretion to restrain a petition for winding up a company on the grounds of an alleged debt if it is satisfied that the claimant has a genuine and substantial cross-claim which exceeds the alleged debt.; (Submitted: 28 February 2005)
Disability Discrimination Act 1995 and Service Providers: Log in required; A discussion of the duties imposed by amendments to the Disability Discrimination Act.; (Submitted: 31 January 2005)
Formation of Contract: Log in required; In general it will require very persuasive evidence to show that a quantity surveyor or similar professional has authority to bind his employer as against third parties.; (Submitted: 31 January 2005)
Formation of Contract: Log in required; If parties intend to complete their contract in formal terms then preliminary correspondence will not be equivalent to that contract, even if it establishes a contract on a limited basis.; (Submitted: 31 January 2005)
Adjudication: Log in required; An Adjudicator must abide by a decision reached on a point decided in an earlier adjudication between the same parties.; (Submitted: 31 January 2005)
Stay of Proceedings: Log in required; Section 111 of the Construction Act does not prevent a dispute arising out of a withheld payment being referred to arbitration, even if a section 111 Notice has not been given.; (Submitted: 31 January 2005)
I Chem E - Target Cost Contracts (The Burgundy Book): Log in required; A discussion of the contents of the target cost contract issued by the Institution of Chemical Engineers.; (Last reviewed: 20 January 2005; submitted: 24 February 2004)
Procedure - Costs cap: Log in required; A cap on costs in court proceedings should normally be prospective and made at an early stage whereas a retrospective cap should only be imposed in exceptional circumstances.; (Submitted: 20 December 2004)
Formation of Contract: Log in required; If a contract contains entire agreement and waiver clauses, then it is unlikely that mere conduct by the parties will be capable of amounting to variation of the written terms of the contract.; (Submitted: 20 December 2004)
Adjudication - unfairness: Log in required; A dispute may be present between the parties and therefore capable of being submitted to adjudication even though the parties continue negotiating after it has crystallised.; (Submitted: 20 December 2004)
Adjudication - Bias: Log in required; In deciding whether to find that an adjudicator is biased, a court must consider where a fair minded and informed observer would consider that there was a real possibility of bias on his part.; (Last reviewed: 20 December 2004; submitted: 27 May 2004)
Adjudicator’s Awards - bias: Log in required; The mere fact that an adjudicator has previously determined an issue between the parties is not in itself sufficient to justify a conclusion of apparent bias on his part.; (Submitted: 20 December 2004)
Construction Act – Applicability: Log in required; Case Summary - Yarm Road Limited & Costain Limited (Technology and Construction Court 30 July 2001) HHJ Havery QC.; (Last reviewed: 16 November 2004; submitted: 06 November 2001)
Adjudication - Enforcement of Decision: Log in required; In appropriate cases the court may delay drawing up the judgment in an enforcement application so as to give the defendant an opportunity to conclude further related adjudication proceedings.; (Last reviewed: 16 November 2004; submitted: 07 September 2004)
Adjudication - Letters of Intent: Log in required; If a letter of intent envisages that a formal contract will apply to works once agreement on terms is reached, signature of the contract will not, unless expressly so stated, be a pre-condition to applicability.; (Last reviewed: 16 November 2004; submitted: 24 March 2004)
Adjudication - Enforcement: Log in required; A stay of enforcement of an adjudicator's award will only be granted if the paying party can show a very real risk of future non-repayment by the receiving party.; (Last reviewed: 16 November 2004; submitted: 08 March 2002)
Construction Act – Applicability: Log in required; Review of Staveley Industries Plc v Odebrecht, 27 February 2001 (Technology and Construction Court) HHJ Havery QC.; (Last reviewed: 16 November 2004; submitted: 29 March 2001)
Adjudication - Enforcement: Log in required; An adjudicator's decision will be enforced if he has decided the right question even though he may have made an erroneous decision of law on a matter within his jurisdiction.; (Last reviewed: 16 November 2004; submitted: 08 March 2002)
Construction Act – Abatement: Log in required; In order to rely on abatement in respect of a valuation under a building contract it is not necessary for a paying party to serve notice under either section 110 (2) or 111 of the Housing Grants, Construction and Regeneration Act 1996.; (Last reviewed: 16 November 2004; submitted: 05 October 2001)
Adjudication - Injunction: Log in required; In order to obtain an injunction against an adjudication proceeding on the same subject matter as before (if the contract does not allow this) it will be necessary to show that the same sums are being claimed under the same contractual provisions: Skanska Construction UK Limited v ERDC Group Limited and Another.; (Last reviewed: 16 November 2004; submitted: 21 January 2003)
Adjudication - Jurisdiction: Log in required; An adjudicator’s decision is binding on the parties even if given after the statutory time limit has expired unless his appointment has been terminated.; (Last reviewed: 16 November 2004; submitted: 14 January 2004)
Adjudication - Enforcement: Log in required; If an adjudicator's award amounts only to a declaration that an amount has become due, then the paying party may still serve a witholding notice prior to the final date for payment in respect of that sum: Shimizu Europe Limited v LBJ Fabrications Limited.; (Last reviewed: 16 November 2004; submitted: 16 June 2003)
Adjudication - jurisdiction: Log in required; An Adjudicator’s decision will be enforced even where he has made an error as to his calculations in reaching the award. Even if there has been an excess of jurisdiction, the paying party may waive objection by part payment or inviting amendment pursuant to the slip rule.; (Last reviewed: 16 November 2004; submitted: 13 February 2002)
Adjudication - Natural Justice: Log in required; Natural justice requires that an adjudicator should allow the parties to comment on any material of which he takes account in his award: RSL (Southwest) Limited v Stansell Limited.; (Last reviewed: 16 November 2004; submitted: 08 July 2003)
Adjudication - Enforcement: Log in required; If a party to adjudication proceedings wishes to raise an issue as to whether it has been joined in its proper capacity, it should raise the issue as soon as possible if jurisdiction is to be disputed.; (Last reviewed: 16 November 2004; submitted: 01 October 2004)
Construction Act and Agreements: Log in required; In order to fall within the Construction Act an oral agreement must be confirmed by written documentation evidencing all the material terms of the contract.; (Last reviewed: 16 November 2004; submitted: 09 April 2002)
Adjudication - Time Limits: Log in required; An adjudicator’s decision produced later than the time limit prescribed by the Construction Act is still valid unless and until either party serves a fresh referral notice to another adjudicator.; (Last reviewed: 16 November 2004; submitted: 24 June 2004)
Adjudication - Stay of Enforcement: Log in required; Case summary of Rainford house Ltd v Cadogan Ltd, 13 February 2001 (Technology and Construction Court) HHJ Seymour QC.; (Last reviewed: 16 November 2004; submitted: 29 March 2001)
Adjudication - Residential Occupiers: Log in required; Where the provisions of the Construction Act do not apply to a contract, then terms providing for the referral of disputes to adjudication can only be relied on against a consumer if specifically explained at the time the contract is entered into by the party seeking to rely on them: Picardi v Cunibert.; (Last reviewed: 16 November 2004; submitted: 04 April 2003)
Adjudicators - Jurisdiction: Log in required; If parties have entered into a contract for construction operations to which the Construction Act applies but the terms cannot readily be identified, then the Scheme will apply to the contract to enable Notice of Adjudication to be given: Pegram Shopfitters Limited v Tally Weijl (UK) Limited.; (Last reviewed: 16 November 2004; submitted: 23 April 2003)
Adjudication - set off: Log in required; Where a contract for construction works is not subject to the Construction Act, a clause preserving the parties' rights to set off will permit the paying party to set off claims for other sums against amounts ordered by an adjudicator.; (Last reviewed: 16 November 2004; submitted: 12 June 2002)
Adjudication - disputes: Log in required; A dispute will, in general, arise for the purpose of adjudication under the Construction Act once money is claimed unless and until it is admitted as due and payable: Orange EBS Limited v ABB Limited.; (Last reviewed: 16 November 2004; submitted: 08 July 2003)
Meaning of 'Construction Operations' under the Housing Grants Construction and Regeneration Act 1996: Log in required; Case summary of Nottingham Community Housing Association Limited v Powerminster Limited (Technology and Construction Court, 13 June 2000).; (Last reviewed: 16 November 2004; submitted: 13 December 2000)
Adjudicators’ Awards - Enforcement: Log in required; Under the JCT, with Contractor’s Design, form of contract, failure to give notice of calculation or withholding under clause 30.3.3 or 30.3.4 will result in the amount of a contractor’s payment application becoming due and payable.; (Last reviewed: 16 November 2004; submitted: 22 July 2004)
Construction Act – Payments: Log in required; Payment provisions which do not provide an ascertainable timetable for payment will not generally comply with the Housing Grants, Construction and Regeneration Act 1996.; (Last reviewed: 16 November 2004; submitted: 20 December 2001)
Adjudicators’ Awards - Enforcement: Log in required; Enforcement of an adjudicator’s award is likely to be refused where there is a real prospect of showing that an adjudicator gave a decision on a dispute not referred to him and/or has acted beyond on his jurisdiction.; (Last reviewed: 16 November 2004; submitted: 22 July 2004)
Adjudication - Enforcement: Log in required; If an adjudicator acts in breach of the rules of natural justice in allowing late submission of evidence, his decision may not be enforced by reason of the breach of the rules.; (Last reviewed: 16 November 2004; submitted: 24 February 2004)
Expert’s Decisions: Log in required; Under the I Chem E Red Book, the expert’s power to determine disputes can only be removed by amendment to all relevant clauses.; (Last reviewed: 16 November 2004; submitted: 24 February 2004)
Adjudication - Enforcement: Karl Construction (Scotland) Limited v Sweeney Civil Engineering (Scotland) Limited: Log in required; Case summary of Karl Construction (Scotland) Limited v Sweeney Civil Engineering (Scotland) Limited, 21 September 2000, Outer House Court of Session (Scotland), Lord Caplan.; (Last reviewed: 16 November 2004; submitted: 01 March 2001)
Construction Act - Payment and Applicability: Log in required; Section 105(2) of the Construction Act is capable of exempting from the operation of the Act both improvements to existing power generation sites and the building of a new site, but only where power generation is the primary activity on that site.; (Last reviewed: 16 November 2004; submitted: 24 June 2004)
Adjudication - Enforcement: Log in required; An adjudicator's decision will be enforced notwithstanding that there are other disputes between the parties, even if they involve greater sums than the subject of the award.; (Last reviewed: 16 November 2004; submitted: 08 March 2002)
Adjudication Enforcement: Log in required; Where a contract contains a term which supersedes the obligation to pay the adjudicator's award, then that term will operate so as to prevent immediate enforcement of the award. Bovis Lend Lease v Triangle Development Limited.; (Last reviewed: 16 November 2004; submitted: 17 December 2002)
Enforcement of Adjudication under the Housing Grants Construction and Regeneration Act 1996 (the Act): Log in required; First Court of Appeal decision on the adjudication provisions of the Act.; (Last reviewed: 16 November 2004; submitted: 13 December 2000)
Adjudication - Enforcement: Log in required; Barr Limited v Law Mining Limited (Outer House, Court of Session, Scotland, 15 June 2001).; (Last reviewed: 16 November 2004; submitted: 19 July 2001)
Adjudication - Natural Justice: Log in required; If an adjudicator's actions constitute a serious breach of the requirements of natural justice, then his decision will not be enforced whether or not there has been prejudice to the paying party.; (Last reviewed: 16 November 2004; submitted: 12 June 2002)
Adjudication - Human Rights: Log in required; The impact of a recent case that seeks to protect the adjudication scheme from challenges based on human rights legislation.; (Last reviewed: 16 November 2004; submitted: 18 May 2001)
Incorporation by Reference: Log in required; The contra proferentem rule (a contract is interpreted against the party putting it forward) will only apply where all other rules of construction fail or there is ambiguity.; (Last reviewed: 16 November 2004; submitted: 04 July 2002)
Target Costs: Log in required; Where parties have agreed to be bound by a payment mechanism but have not yet decided on its final form the court will strive to determine the applicable mechanism so as to preserve, rather than destroy, their bargain.; (Last reviewed: 16 November 2004; submitted: 24 June 2004)
A & D Maintenance & Construction Ltd v Pagehurst Construction Services Ltd: Log in required; Judgment on ambit of adjudication under the Housing Grants Construction and Regeneration Act 1999.; (Last reviewed: 16 November 2004; submitted: 07 December 1999)
Construction Act - Definitions: Log in required; Case summary of ABB Zantingh v Zedal Building Services Limited, 12 December 2000 (Technology and Construction Court) HHJ Bowsher QC.; (Last reviewed: 16 November 2004; submitted: 26 January 2001)
Adjudication - enforcement: Log in required; If an adjudicator, in reaching his decision, considers the terms of a contract other than that referred to him, his decision may be made in a excess of jurisdiction and will not be enforced: Joinery Plus Limited v Laing Limited.; (Last reviewed: 16 November 2004; submitted: 04 April 2003)
Adjudication - Jurisdiction: Log in required; The Scheme for Construction Contracts requires written notification to an adjudicator of his proposed appointment and any request should be accompanied by a copy of the notice of adjudication.; (Last reviewed: 16 November 2004; submitted: 29 April 2004)
Concurrent Court and Adjudication Proceedings Permissible: Log in required; Case summary of Herschel v Breen (Technology and Construction Court, 14 April 2000).; (Last reviewed: 16 November 2004; submitted: 03 July 2000)
Enforcement of an Adjudicator’s Decision: Log in required; Case summary of Griffin v Midas (Technology and Construction Court, 21 July 2000).; (Last reviewed: 16 November 2004; submitted: 14 November 2000)
Adjudication - Mediation and Bias: Log in required; Review of Glencot development v Ben Barrett, 13 February 2001 (Technology and Construction Court) HHJ Lloyd QC.; (Last reviewed: 16 November 2004; submitted: 29 March 2001)
Adjudication - jurisdiction: Log in required; A contract for appointment of a contract administrator is a "construction contract" within the meaning of the Housing Grants Construction and Regeneration Act 1996. Gillies Ramsay Diamond v PJW Enterprises Limited 27 June 2002 (Outer House Court of Session Scotland).; (Last reviewed: 16 November 2004; submitted: 14 November 2002)
Construction Act – Fixtures: Log in required; Case Summary - Gibson Lea Retail Interiors Limited v Makro Self Service Wholesalers Limited (24 July 2001 Technoological and Construction Court) HHJ Seymour QC.; (Last reviewed: 16 November 2004; submitted: 06 November 2001)
Adjudications - Enforcement: Log in required; If parties agree to submit disputes to adjudication under a contract to which the Construction Act does not apply, the Court will give affect to that agreement.; (Last reviewed: 16 November 2004; submitted: 24 February 2004)
Compromise Agreement - Beware!: Log in required; Comment and analysis of Joseph Finney Plc v Gordon Vickers and Gary Vickers T/A Mill Hotel (a firm), 07 March 2001 (Queens Bench Division) David Wilcox J.; (Last reviewed: 16 November 2004; submitted: 27 April 2001)
Adjudication - Enforcement: Log in required; Contractual clauses which purport to avoid immediate enforcement of an adjudicator’s decision run contrary to the intention of the Construction Act and are likely to be struck down: Ferson Contractors Limited v Levolux AT Limited.; (Last reviewed: 16 November 2004; submitted: 25 February 2003)
Adjudicators’ Jurisdiction: Log in required; Review of Fence Gate Limited v James R Knowles Limited (Technology and Construction Court, Salford) HHJ Gilliland QC - 31 May 2001.; (Last reviewed: 16 November 2004; submitted: 22 June 2001)
Can a Construction Adjudicator Consider more than one Issue Arising out of the same Referral?: Log in required; Case summary of Fastrack Contractors Ltd-v-Morrison Construction Ltd (Technology and Construction Court, 4 January 2000).; (Last reviewed: 16 November 2004; submitted: 03 July 2000)
Adjudication - 'Disputes': Log in required; In an adjudication under the Construction Act, the adjudicator must only take into account matters raised in the notice of referral. To be considered, such matters must already be in dispute between the parties before this is served.; (Last reviewed: 16 November 2004; submitted: 08 May 2002)
Adjudication and the Human Rights Act: Log in required; Case report of Elanay Contracts Limited v The Vestry (Technology and Construction Court, 30 August 2000).; (Last reviewed: 16 November 2004; submitted: 14 November 2000)
Enforcement of an Adjudicator’s Award: Log in required; Case summary of Discain Project Services v Opecprime Developments Limited (Technology and Construction Court, 9 August 2000).; (Last reviewed: 16 November 2004; submitted: 14 November 2000)
Adjudication - Subsequent Agreements: Log in required; Case summary of Cygnet Health Care Plc v Higgins City Limited 6 (September 2000, Technology and Construction Court, HHJ Thornton Q.C).; (Last reviewed: 16 November 2004; submitted: 26 January 2001)
Adjudication - Enforcement: Log in required; Challenges to an adjudicator’s jurisdiction must be made as early as possible as any failure to do so may amount to waiver of any lack of jurisdiction: Cowlin Construction Limited v CFW Architects.; (Last reviewed: 16 November 2004; submitted: 25 February 2003)
Enforcement of Adjudicators' Award: Log in required; A claim not raised in an adjudication cannot subsequently be relied on either as a defence to a summary judgment application or as a set-off against the amount of an award.; (Last reviewed: 16 November 2004; submitted: 18 October 2002)
Letters of Intent: Log in required; Where there is an existing contract between the parties for construction works, it is unlikely that any entitlement to payment by way of a quantum meruit basis will arise.; (Submitted: 11 November 2004)
Repudiatory Breach: Log in required; Inactivity of a party may be sufficient to confirm his intention to abandon his rights under an agreement.; (Submitted: 11 November 2004)
Personal Injury: Log in required; In order to decide whether a person is an “employee” under the Construction (Health, Safety and Welfare) Regulations 1996, it is necessary to decide whether that person has control of the manner in which his work is authorised and carried out.; (Submitted: 11 November 2004)
Civil Procedure - Experts’ Reports: Log in required; Even though instructions to an expert are no longer privileged, Civil Procedure Rule 35.10 does not require a party to disclose the preliminary reports of his expert.; (Submitted: 11 November 2004)
ICE Conditions of Contract - Dispute Resolution Clause: Log in required; ICE was criticised for including a procedure in its contracts that was not compliant with the Construction Act. So ICE has now reviewed its dispute resolution procedure and there are no longer distinct regimes for matters of dissatisfaction and dispute.; (Last reviewed: 03 November 2004; submitted: 07 September 2004)
Review of the Construction Act: Log in required; A discussion of the conclusions and prospects for reform from the Review Group set up under Sir Michael Latham to advise the Department of Trade and Industry on possible reforms to the Construction Act.; (Submitted: 01 October 2004)
Nuisance: Log in required; Where multiple causes may be applicable for an alleged nuisance, it is necessary (but not determinative) to locate the cause “but for” which the event would not have occurred and that such cause is material.; (Submitted: 01 October 2004)
Arbitration - Appeals: Log in required; There is no general presumption that the carrying out of work or the supply of materials entitles a party to payment and it must be shown that it was contemplated that payment would be made and received.; (Submitted: 01 October 2004)
Service of Proceedings: Log in required; For the purposes of service under the Civil Procedure Rules (Part 6.5(6)) the phrase “last known place of business” refers to the place known to the claimant rather than “known generally”.; (Submitted: 01 October 2004)
Health and Safety at work: Log in required; "Control" of the work site under the Construction (Health, Safety and Welfare) Regulations 1996 may remain with a main contractor even though he has sub-contracted the relevant area of work.; (Submitted: 01 October 2004)
Formation of Contract: Log in required; A contract may be established by letters between the parties but not where it is clear that there are other conditions (beyond those expressed in the letters) which are still under negotiation.; (Submitted: 01 October 2004)
Utility Diversion Costs: Log in required; Costs of measures recoverable by an undertaker pursuant to the New Roads and Street Works Act 1991 in relation to major transport works will, in general, include the costs of detailed plans and estimates.; (Submitted: 07 September 2004)
Bonus Payments: Log in required; Rights already acquired by rescission or termination of building contracts are, in general, unaffected by those events providing that those rights are unconditionally acquired, that is to say that no further contingencies need to be met.; (Submitted: 07 September 2004)
New Forms of Collateral Warranty from JCT: Log in required; Four forms of agreement for collateral warranty were published in October 2001 by the Joint Contracts Tribunal and intended to provide warranties to purchasees, tenants and funders.; (Last reviewed: 11 August 2004; submitted: 27 November 2001)
Third Party (Rights Against Insurers) Act 1930: Log in required; The Third Party (Rights Against Insurers) Act 1930 applies to both contractual and tortious claims.; (Submitted: 22 July 2004)
Delay and disruption - global claims: Log in required; A global claim for delay and disruption may be allowed to proceed in circumstances where a specific connection between events and their time/money consequences is impossible or impracticable to specify.; (Submitted: 22 July 2004)
Arbitrators’ Award - Remission: Log in required; Where a matter is remitted back to the Arbitrator for further consideration, he will only have the power to amend it in respect of the matters as to which it was remitted back to him.; (Submitted: 22 July 2004)
Standard Form Novation Agreements: Log in required; Two standard form novation agreements have recently been issued by the Construction Industry Council and the City of London Law Society respectively. This article discusses these agreements, their common points and differences.; (Submitted: 24 June 2004)
Expert Determination: Log in required; When interpreting an expert determination clause, the court will regard the parties’ agreement as paramount.; (Last reviewed: 16 June 2004; submitted: 04 July 2002)
Amendments to RIBA and ACE Conditions 2004: Log in required; RIBA and ACE have recently issued amendments to their standard forms of professional appointments.; (Submitted: 27 May 2004)
New Roads and Street Works Act 1991: Log in required; Unless a clear contrary intention is expressed, the provisions in the New Roads and Street Works Act 1991 as to major transport works will take precedence over earlier or later Public or Private Acts.; (Submitted: 27 May 2004)
Insurance - 'Material Damage': Log in required; The definition of “physical damage” in a product liability insurance policy is unlikely to include precautionary works to guard against damage to parts of the building other than that defectively designed or installed.; (Submitted: 27 May 2004)
Tomlin Orders: Log in required; A Tomlin Order (agreed terms for resolution of proceedings) will not be enforced where neither party has shown that they are ready and willing to be bound by the terms of the order.; (Submitted: 27 May 2004)
Contractor’s All Risks Insurance: Log in required; If the ordinary meaning of words in a contract flouts business common-sense, then the common-sense meaning will generally take precedence; (Submitted: 27 May 2004)
Adjudication - Jurisdiction: Log in required; Enforcement of an adjudicator’s award will be refused where the adjudicator has not acted impartially and this may be the case if one party has not had sufficient time to respond to new material put forward by the other.; (Submitted: 27 May 2004)
Final Account - Mistake: Log in required; If parties seek to vary a contractual mechanism for the final account, then such variation must be properly authorised by the parties or by persons having authority on their behalf to enter into such a variation: Hurst Stores and Interiors Limited v M.L. Property Limited.; (Last reviewed: 18 May 2004; submitted: 20 August 2003)
Adjudication - Enforcement: Log in required; An error of law made within the jurisdiction of an arbitrator will not justify judicial interference and therefore enforcement of the resultant award will normally be granted.; (Submitted: 29 April 2004)
Damages - Assessment: Log in required; In deciding damages for breach of covenant, the court must assess the loss of value of a bargaining position having regard to hypothetical negotiations for the release of the covenant.; (Submitted: 29 April 2004)
Summary Judgment: Log in required; Where it has to be determined where there is an agency relationship between the defendant and another party, it is likely that this will raise conflicts issues and will not be suitable for resolution by summary judgment.; (Submitted: 29 April 2004)
Interlocutory Injunction: Log in required; Where a claimant has capped his losses for delay in completion this will not necessarily be a bar to an injunction to restrain breaches of contract of which some or all of the result would be that delay.; (Submitted: 29 April 2004)
Assignment: Log in required; In principle an assignment of a cause of action is valid where the assignee has a commercial interest in the subject matter of the assignment.; (Submitted: 29 April 2004)
Nuisance - Party Walls: Log in required; Failure to give notice of works under the Party Wall etc Act 1996 does not exclude common law remedies on the part of the adjoining owner.; (Submitted: 24 March 2004)
Insurance Cover - Physical Damage to Property: Log in required; Insurance cover for “physical damage to property not belonging to the insured” will not in general include loss arising from the harmful nature of the product supplied unless that product has caused damage to other property.; (Submitted: 24 March 2004)
Formation of Contract: Log in required; For a contract to come into existence, there must be an agreement on essential points and an intention to create legal relations.; (Submitted: 24 March 2004)
Variation Instructions: Log in required; It is open to parties to give consent in advance for leave to appeal under the Arbitration Act 1996 in, but this can only apply to a point of law and not one of fact.; (Submitted: 24 March 2004)
Measure of Loss: Log in required; In principle consequential loss can be recovered for funds being locked into a development longer than anticipated due to delay in completion irrespective of rises or falls in the property market during the period of delay.; (Submitted: 24 March 2004)
Parties to Contract: Log in required; Fresh evidence cannot be adduced at an appeal where it could have been obtained at trial and where there is no reason to think it would have had any influence on the lower court’s decision.; (Submitted: 24 March 2004)
Negligence - Damages: Log in required; In determining liability for contributory negligence, the Court will consider whether the claimant has suffered loss partly due to its own fault.; (Submitted: 24 February 2004)
Solicitor’s Negligence - Liquidated Damages: Log in required; Unless specific provision is made, a contractual condition providing for acceleration will not supplant the usual contractual structure by which liquidated damages are the sole remedy for delay.; (Submitted: 24 February 2004)
Amendments to Pleadings: Log in required; An amendment to pleading which will plainly cause prejudice to the other party will not in general be allowed notwithstanding the width of the Court’s discretion under the Civil Procedure Rules.; (Submitted: 24 February 2004)
Simplified Conveyancing Documentation (Hong Kong): Log in required; The Hong Kong Mortgage Corporation adopts plain English.; (Last reviewed: 30 January 2004; submitted: 19 September 2001)
CIC Model Adjudication Procedure Third Edition: Log in required; The Construction Industry Council has recently re-issued its adjudication rules which have now reached their third edition. This is a summary and analysis of the changes from the second edition.; (Submitted: 15 January 2004)
'No Loss' Arguments: Log in required; In order for a party to a contract to recover for a third party's loss the other party must have contemplated that the third party would suffer loss as a result of breach of the contract.; (Submitted: 14 January 2004)
Tendering Procedures: Log in required; An implied duty to act fairly in good faith towards tenderers will not, in general, mean that the party inviting tenderers is obliged to act judicially.; (Submitted: 14 January 2004)
Human Rights Act: Log in required; A water company may have a liability in nuisance where it passively permits a nuisance to continue as a result of use of its sewers to carry out its statutory duty of draining its area.; (Last reviewed: 14 January 2004; submitted: 08 March 2002)
Human Rights Act: Log in required; Marcic v Thames Water Utilities Limited (Technology and Construction Court, 14 May 2001) HHJ Harvey QC.; (Last reviewed: 14 January 2004; submitted: 19 July 2001)
Nuisance and Human Rights: Log in required; The statutory scheme set up by the Water Industry Act 1991 regulating the powers and duties of water and sewage undertakers is compliant with the provisions of the Human Rights Act 1998.; (Submitted: 14 January 2004)
Contract - do Standard Forms Apply?: Log in required; Although the parties’ understanding of their agreement is not admissible in interpreting that agreement, by contrast evidence of their understanding of whether they had entered into an agreement may be admissible as to the issue of whether an agreement had been concluded.; (Submitted: 14 January 2004)
Nuisance – Strict Liability: Log in required; Case summary of British Gas Plc v Stockport MBC & Another, 16 February 2001 (Court of Appeal).; (Last reviewed: 17 December 2003; submitted: 29 March 2001)
JCT Short Form Domestic Sub-Contract - 2003 Edition: Log in required; JCT has recently issued a Short Form Domestic Sub-Contract intended primarily to be used with their Agreement for Minor Building Works.; (Submitted: 02 December 2003)
Charges for Occupation of the Highway: Log in required; In relation to the Street Works (Charges for Unreasonably Prolonged Occupation of the Highway) Regulations 2001, the deeming provision in paragraph 3 only applies to remedial works but any presumption so created is rebuttable by suitable evidence. Transco plc v Leicestershire County Council; (Submitted: 02 December 2003)
Construction Act Payment Provisions: Log in required; If both parties accept that an adjudicator can rule on the question of his jurisdiction and that his decision will have binding effect, enforcement of his decision will be ordered even if his decision is plainly wrong. Thomas Fredric’s (Construction) Limited v Wilson; (Submitted: 02 December 2003)
IFC98 - Determination of Employment: Log in required; Under the JCT Intermediate Form of Contract 1998 Edition, a default giving rise to a notice of default under clause 7.2.1 cannot be made the subject of a second notice if the default is repeated before practical completion. Robin Ellis v Vinexsa International Ltd; (Submitted: 02 December 2003)
Adjudication: Log in required; If an adjudication procedure provides for the adjudicator to meet witnesses in the absence of the other party, then he will generally not act unfairly if he does so but must indicate to both parties the substance of what the witness said. Dean and Dyball Construction Ltd v Kenneth Grubb Associates Ltd; (Submitted: 02 December 2003)
Personal Injury: Log in required; Employers may be liable for negligence if personal injuries are sustained as a result of their acceptance of a contractor’s actions where they should have doubts as to the contractor’s competence and grounds for suspicion of potential hazards. Terrence Michael Clark v Hosier & Dickson Limited and Method & Madness; (Submitted: 02 December 2003)
Nuisance - Tree Root Damage: Log in required; The tests for causation in nuisance and negligence are whether the event alleged to be causative is an effective cause of the damage and whether, on the balance of probabilities, the breach of duty in question caused or materially contributed to the damage. Rupert St John Loftus-Brigham & anr v London Borough of Ealing; (Submitted: 02 December 2003)
Construction Act Payment Provisions and Abatement: Log in required; If a contract contains a certification process then it will not in general be open to an employer to seek to reduce by way of abatement the sum due by virtue of the certificate if he has not given a withholding notice in due time. Rupert Morgan v Jarvis; (Submitted: 02 December 2003)
Terms of Supply: Log in required; The test of satisfactory quality under Section 14(2) Sale of Goods Act 1979 amounts to an objective comparison of the state of the goods with a standard which a reasonable person would find acceptable: Wartsila France v Genergy PLC.; (Submitted: 04 November 2003)
Limitation: Log in required; The limitation period against a defendant in respect of a claim in tort arising out of a supervisory role will generally accrue at the date that the role is completed rather than at practical completion of the building as a whole: London Borough of Lewisham v MR Limited.; (Submitted: 04 November 2003)
Performance Guarantees: Log in required; There is no general rule to the effect that a demand under a guarantee or bond must be made whilst the contract subsists: Manx Electricity Authority v JP Morgan Chase Bank.; (Submitted: 04 November 2003)
Limitation Periods: Log in required; The limitation period against a defendant in respect of a claim in tort arising out of a supervisory role will generally accrue at the date that the role is completed rather than at practical completion of the building as a whole: London Borough of Lewisham v MR Limited.; (Submitted: 04 November 2003)
Wrongful Termination: Log in required; If a Mareva injunction (freezing the defendant’s bank account) has been wrongfully obtained the basis of valuation of damages resulting from the injunction should be the same as in the case of a breach of contract.; (Last reviewed: 29 September 2003; submitted: 16 September 2002)
Assessment of Damages: Log in required; In assessing damages based on the worth of a party the court will take into account matters which would have been considered by a prudent purchaser, and these may include the financial position of an associated but separate company: Johnson v Techni-Track.; (Submitted: 29 September 2003)
'Satisfactory Quality': Log in required; In S.14 of the the Sale of Goods Act 1979 the phrase "satisfactory quality" refers to the effect of an alleged defect on a reasonable person, taking into the circumstances of the individual buyer.; (Last reviewed: 29 September 2003; submitted: 16 September 2002)
Sale of Goods: Log in required; For the purposes of Section 14(3) of the Sale of Goods Act 1979, it is possible for a buyer to rely in part only on the seller’s skill and judgement in relation to goods he is purchasing: Jewson v Boyhan (personal representative of the Estate of Kelly).; (Submitted: 29 September 2003)
Limitation: Log in required; Under Section 14A of the Limitation Act 1980 a claimant’s insurer’s loss adjuster’s knowledge of relevant facts will in general be treated as applicable to the claimant himself: Graham v Entec Europe Limited.; (Submitted: 29 September 2003)
Final Certificate: Log in required; Completion of adjustments to the contract sum in the JCT Standard Form of Contract is a condition precedent to the issue of the final certificate under that contract: Cantrell v Wright & Fuller Ltd.; (Submitted: 29 September 2003)
Compromise Agreement: Log in required; Cashing of a cheque offered in settlement of a debt or retention without rejection will generally be strong evidence of acceptance of the settlement although it will not necessarily be conclusive: Bracken v Billinghurst.; (Submitted: 29 September 2003)
Omissions: Log in required; A contractor will only be able to omit work from a building contract and award it to another contractor if the contract contains very clear wording to that effect: Abbey Developments Limited v PP Brickwork Limited.; (Submitted: 29 September 2003)
The Construction Industry Council has Issued Forms of Collateral Warranties: Log in required; There are two sets of forms to be given by a consultant to a Funder or Purchaser/Tenant respectively. These warranties are expected to replace the existing BPF forms which are now some 10 years old. This article discusses the differences between these warranties and the BPF forms.; (Submitted: 20 August 2003)
Collateral Warranties: Log in required; If the express terms of a collateral warranty indicate that it will take effect at a date earlier than when it is signed, then the court will give effect to that intention: Northern and Shell v John Laing.; (Submitted: 20 August 2003)
Summary judgment to enforce Adjudicator’s decision: Log in required; If parties voluntarily adopt adjudication, then such terms will not generally be displaced by the Unfair Terms in Consumer Contracts Regulations 1999 unless they constitute a significant imbalance between the parties: Lovell Projects Ltd v Legg and Carver.; (Submitted: 20 August 2003)
Crane Hire Conditions: Log in required; References in the CPA Plant Hire Conditions to "erection of any plant, where such plant requires to be completely erected on site" include "climbing" operations where the height of a tower crane is increased: Hewden Tower Cranes v Yarm Road Limited.; (Submitted: 20 August 2003)
Standard Forms and Unfair Contract Terms Act 1977: Log in required; Section 3 of The Unfair Contract Terms Act 1977 imposes a statutory test of reasonableness where one party enters into a contract on the other standard conditions but this will generally only be the case where that party’s conditions are imposed without consideration or negotiation: Hadley Design Associates v City of Westminster.; (Submitted: 20 August 2003)
Costs Orders and ADR: Log in required; Where parties to litigation have agreed a commercial settlement and the court has no information as to whether the agreed sum would have been awarded if the matter had been tried, the usual order will be that the parties will bear their own costs: Dearling v Foregate Developments (Chester) Limited.; (Submitted: 20 August 2003)
JCT Major Project Form: Log in required; A significant new standard form issued by JCT and intended for use by experienced clients and contractors.; (Submitted: 08 July 2003)
Insurance Claims: Log in required; Where work that has been carried out under separate and distinct phases of a project and similar claims arise for each phase, each claim is treated separately in aggregation of claim limits under an insurance policy: Mabey & Johnson v Ecclesiastical Insurance.; (Submitted: 08 July 2003)
Notice of Completion: Log in required; The test for interpretation for a notice of completion under a development agreement will generally be as to how a "reasonable recipient would have understood the notice on an objective basis": Embankment Place Hotels v Blackfriars Hotels.; (Submitted: 08 July 2003)
Building Act 1984 Notices: Log in required; Notice of commencement of works under the Act must be given before work actually begins and such notice cannot be given retrospectively: Butler & Young v Bedford Borough Council.; (Submitted: 08 July 2003)
Insurance – Scope of Policy: Log in required; Under a contractor’s all risks policy, removal of defective work to replace it with work of the quality required does not generally amount to "damage" to the defective work: AMEC v Norwich Union.; (Submitted: 08 July 2003)
Adjudication – The Scheme: Log in required; If any one of the terms required to be included in a contract by the Construction Act is not present, then the Scheme will operate to imply that term but not to any greater extent: Hills Electrical & Mechanical Plc v Dawn Construction Limited.; (Submitted: 19 June 2003)
Termination: Log in required; Failure to pay sums due under a construction contract can, and often does, amount to repudiatory conduct by the employer, particularly where the amount involved is relatively sizeable and there is a threat not to pay further sums as they become due: Elvin v Noble.; (Submitted: 19 June 2003)
Adjudication: Claims against Insurers: Log in required; In order for an adjudicator’s award to be enforced under the Third Parties (Rights Against Insurers) Act 1930, a court order for summary judgment must first be obtained in respect of the award: Galliford UK v Market Capital Limited.; (Submitted: 16 June 2003)
Formation of Contract: Log in required; Although Clause 4.11 of the JCT Intermediate Form of Contract 1998 is interpreted to mean that written notices are a condition precedent to loss and expense claims, this clause operates without prejudice to the contractor’s other rights and remedies: Harvey Shopfitters Limited v ADI Limited.; (Submitted: 16 June 2003)
Bonds: Injunctions against Calls: Log in required; In respect of an on-demand bond, the court will only grant an injunction against a call on the bond where there is evidence of bad faith: TTI Team Telecom v Hutchinson 3G UK Limited.; (Submitted: 16 June 2003)
The ICE Partnering Addendum: Log in required; A comparison of ICE and NEC partnering options.; (Submitted: 16 June 2003)
Nuisance – damages: Log in required; Although the normal measure of damages for nuisance is the cost of repairing damage, lost profits may be recovered instead where the land is rendered less useful by reason of the acts of nuisance relied on: Vukelic v London Borough of Hammersmith and Fulham.; (Submitted: 21 May 2003)
Formation of Contract: Log in required; The basic legal requirements for formation of a binding contract are offer, acceptance, intention to create legal relations and consideration: Twintec Limited v GSE Building and Civil Engineering Limited.; (Submitted: 21 May 2003)
Guaranteed Maximum Price: Log in required; A clause excluding liability for (but not distinguishing between fraudulent and innocent) misrepresentation is unlikely to be invalid for unreasonableness but will not operate so as to exclude fraudulent misrepresentation: Mowlem Plc (Formerly John Mowlem and Company Plc) v Newton Street Ltd.; (Submitted: 21 May 2003)
Formation of Contract: Log in required; Where work is generally rendered on a gratuitous basis, an implied promise to pay may arise in the particular circumstances of the case, at which time reasonable remuneration may be payable for any work performed from that point: Dinkha Latchin v General Mediterranean Holdings and Others.; (Submitted: 21 May 2003)
Construction Act – Applicability: Log in required; Even if works have been carried out on a site where the primary activity is water treatment, the Construction Act will still apply to them if those works do not physically connect to plant or machinery used for the purpose of water treatment: Comsite Projects Limited v Andritz AG.; (Submitted: 21 May 2003)
Adjudication - disputes: Log in required; For the purpose of adjudication, a dispute arises where an issue or issues need to be decided in relation to a point which has emerged from a process of discussion or negotiation: Beck Peppiatt v Norwest Holst Construction Limited.; (Submitted: 21 May 2003)
Adjudication - Enforcement: Log in required; Notices to Refer to Adjudication cannot be given where no "dispute" has yet arisen between the parties: R Durtnell & Sons Limited v Kuduna Limited.; (Submitted: 23 April 2003)
FIDIC Conditions – Claims: Log in required; Under Clause 53.4 of the FIDIC Conditions 4th Edition, contemporary records are required to support claims and any gap in those records cannot be filled by witness statements: Attorney General for the Falkland Islands v Gordon Forbes Construction Limited.; (Submitted: 23 April 2003)
Defective Premises Act – Limitation: Log in required; Where further work is carried out to remedy a defect to which the Defective Premises Act 1972 applies, then if the work is unsuccessful the limitation period in respect of the defect runs from the date when the remedial work was completed rather than that of the original work: Alderson and Alderson v Beetham Organisation Ltd.; (Submitted: 23 April 2003)
Beijing 2008: Log in required; Construction Opportunities; (Last reviewed: 14 April 2003; submitted: 30 November 2001)
Demolition Orders: Log in required; It is not a ground of opposition to a Demolition Order that there has been a substantial delay since a Demolition Notice was served.; (Last reviewed: 07 April 2003; submitted: 16 September 2002)
Guarantees: Log in required; Case summary - Action Strength Limited v International Glass Engineering Sp And Another (October 2001, Court of Appeal).; (Last reviewed: 04 April 2003; submitted: 06 November 2001)
Negligence/contributory negligence: Log in required; In appropriate cases, apportionment of liability for contributory negligence may be assessed by finding the total loss to the claimant and deducting the amount that was lost due to the claimant’s own negligence: Sahib Foods Limited v Paskin Kyriakides.; (Submitted: 04 April 2003)
Limitation - amendments: Log in required; In a claim for breach of contract or negligence arising out of inaccurate representations, the cause of action will generally accrue for limitation purposes at the time of delivery of the relevant equipment rather than the date of representations: Proctor and Gamble Limited and Others v Carrier Holdings Limited and Others.; (Submitted: 04 April 2003)
Damages - Assessment: Log in required; Management time spent by a claimant’s employee in organising and co-ordinating remedial works can be recovered from a defendant if the employee is prevented as a result from devoting his time to his other duties: Europools Plc v Clydeside Steel Fabrications Limited.; (Submitted: 04 April 2003)
Judgment – Charges: Log in required; A charge over a judgment sum continues to operate even where settlement is obtained from insurers by use of the Third Parties (Rights Against Insurers) Act 1930: Cavaliere v Legal Services Commission.; (Submitted: 04 April 2003)
Penalties: Log in required; A clause may amount to a penalty and therefore be unenforceable if it is not a genuine pre-estimate of loss and whether or not it is freely agreed to by the parties: JeanCharm Limited v Barnet Football Club.; (Submitted: 26 February 2003)
Invoices - breakdown: Log in required; Case summary of London Underground Limited v Pillar Broadway Limited.; (Submitted: 26 February 2003)
Exclusion Clauses - Insurance up in Smoke: Log in required; Scottish & Newcastle Plc v GD Construction (St Albans) Limited, 29 March 2001 (Technology and Construction Court) HHJ Seymour QC.; (Last reviewed: 26 February 2003; submitted: 27 April 2001)
Insurance – Liability for Negligence: Log in required; Clauses in the JCT Intermediate Form require insurance against Specified Perils to operate so as to exclude the contractor from liability to the employer for those Perils: GD Construction (St Albans) Limited v Scottish & Newcastle Plc.; (Submitted: 26 February 2003)
Negligence – assessment of loss: Log in required; In claims against an architect for failure to provide information, the calculation of loss must be related to the scope of the architect's duty to warn and must be foreseeable to be recoverable: HOK Sport Limited (formerly Lobb Partnership Limited) v Aintree Racecourse Company Limited.; (Submitted: 26 February 2003)
Asbestos – New Duty to Manage: Log in required; New duty to manage asbestos in effect from May 2004. Review of the duty and interim steps to be taken.; (Submitted: 24 January 2003)
Institution of Chemical Engineers Green Book (Reimbursable Contracts) Third Edition: Log in required; Institution of Chemical Engineers have now issued the third edition of their Green Book, a set of conditions for reimbursable contracts.; (Submitted: 21 January 2003)
Guaranteed Maximum Price: Log in required; Decisions of the Technology and Construction Court have special characteristics which result in reluctance of the Court of Appeal to reconsider them on appeal as regards factual issues: Skanska Construction UK Limited v Egger (Barony) Limited.; (Submitted: 21 January 2003)
"No loss" arguments: Log in required; If it is foreseeable that a property under construction will be transferred to others, the employer can recover damages for breach of contract in respect of loss sustained by others but only where he will account for the damages received to those other parties: McLaren Murdoch v Abercromby Motor Group.; (Submitted: 21 January 2003)
Retention: Log in required; The Trade and Industry Select Committee has published a report on the retention system.; (Submitted: 17 December 2002)
Indemnity Costs: Log in required; Costs will only be awarded against a party on an indemnity basis if it can be demonstrated that he conducted litigation unfairly. Watson Wyatt Partners v Maxwell Batley.; (Submitted: 17 December 2002)
Specific Performance: Log in required; Specific performance of an agreement to carry out building works will not be given where the claimant, rather than the defendant, is in possession of the land in question. North East Lincolnshire Borough Council v Millennium Park Limited.; (Submitted: 17 December 2002)
Health and Safety: Log in required; In general, Regulations made for health and safety purposes must be interpreted in a manner consistent with their background and, in particular, so as to refer to foreseeable circumstances. Horton v Taplin Contracts Limited.; (Submitted: 17 December 2002)
Interpretation of Statutes: Log in required; Unless a contrary intention can be shown, the word "land" in a statute includes installations and equipment attached to the land. British Waterways Board v (1) London Power Networks plc and (2) Secretary of State for Trade and Industry.; (Submitted: 17 December 2002)
Update on letters of intent: Log in required; Two recent cases illustrate when a letter of intent can be legally binding: Galliard Homes Ltd v J Jarvis & Sons plc (Court of Appeal 12 November 1999).; (Last reviewed: 14 November 2002; submitted: 23 November 2000)
SCL Protocol on Extension for Time and Delay and Disruption: Log in required; The Society of Construction Law's protocol gives guidance on delay and disruption issues in building contracts.; (Submitted: 14 November 2002)
Crane Hire Conditions: Log in required; Unless there is an express term to the contrary, a duty to exercise reasonable care and skill will be implied in a contract for the supply of services by reason of Section 13 of the Supply of Goods and Services Act 1982. Yarm Road Limited and Cleveland Bridge Limited v Hewden Tower Cranes Limited 04 November 2002, (TCC) HHJ Seymour QC.; (Submitted: 14 November 2002)
Trigger Notice: Log in required; Procedures in contracts for issue of trigger notices should be followed precisely to avoid the notice subsequently being declared defective and to no effect. Embankment Place Hotels (Blackfriars) Limited v (1) Blackfriars Hotels Limited (TCC) HHJ Forbes (2) Six Continents Hotels (UK) Limited (formerly Holiday Inns (UK) Limited) 31 July 2002.; (Submitted: 14 November 2002)
New Evidence: Log in required; Following a trial, new evidence will only be admitted if special reasons can be shown and it is likely that the new evidence would have a strong influence on the outcome of the trial if admitted at that stage. Daly v Sheikh, 24 October 2002 (Court of Appeal).; (Submitted: 14 November 2002)
Interpretation of Agreements: Log in required; Where an agreement specifies that one party is to supply a team of specialist personnel to carry out works, the other party may be in breach of the agreement if it substitutes its own employees. Canadian Triton de Venezuela S.A. v Preussag Energie GMBH, 19 September 2002 (Commercial Court).; (Submitted: 14 November 2002)
Adjudication and Human Rights: Log in required; Adjudication may be subject to the Human Rights Act 1998 despite the Austin Hall case.; (Submitted: 12 November 2002)
NEC and ICE Term Contracts: Log in required; A comparison of the draft NEC and ICE term contracts.; (Submitted: 12 November 2002)
Contribution in Construction: Log in required; The Royal Brompton and Co-operative Retail Services cases – court decisions on contribution in a construction context.; (Submitted: 12 November 2002)
ICE Term Contract - First Edition: Log in required; A review of the ICE Term Contract, published in September 2002.; (Submitted: 21 October 2002)
Nuisance: Log in required; In appropriate circumstances, a mandatory injunction will be ordered for relevant works to be carried out in order to abate a nuisance.; (Submitted: 18 October 2002)
Partial Possession: Log in required; Partial possession under the JCT With Contractor's Design 1981 Form may be taken of the whole, as well as part, of the works.; (Submitted: 18 October 2002)
Disclosure by third parties: Log in required; When deciding whether documents owned by third parties should be disclosed in an action, the Court must decide the issue on the same factors as apply to parties to the action, namely their relevance to the cases of the parties and if they are necessary for the matter to be disposed of or to save costs.; (Submitted: 18 October 2002)
Design Obligations: Log in required; Under the JCT Contractor's Designed Portion Supplement, a Contractor is obliged to develop a conceptual design into a completed design capable of being constructed.; (Submitted: 18 October 2002)
Discontinuance: Log in required; Where an interim injunction has been granted or an undertaking as to damages given, parties subject to these orders (but not other parties) may require the court's permission to be obtained before the relevant proceedings can be discontinued.; (Submitted: 18 October 2002)
Late Payment of Commercial Debts Regulations 2002: Log in required; On 07 August 2002 the Late Payment of Commercial Debts (Interest) Act 1998 came fully into force. This is a discussion of the effect of the Act together with likely impact on standard form building contracts and professional appointments.; (Submitted: 16 September 2002)
Joint Experts: Log in required; If an order has been made for a single joint expert’s report to be obtained, a party dissatisfied with this report is unlikely to be able to call his own expert unless he can show that the expert’s report will clearly indicate that he has different views or that there is new evidence to be taken into account.; (Submitted: 16 September 2002)
Evidence: Log in required; If a witness has not been cross-examined, a judge should be slow to conclude that his evidence raises a contentious issue unless he has asked the parties to confirm that this is still the case.; (Submitted: 16 September 2002)
Indemnities: Log in required; An indemnity containing the wording "all liability for any injury" is wide enough to cover claims in both tort and contract.; (Submitted: 16 September 2002)
Estoppel and Unfair Contract Terms: Log in required; An agreement will be rectified if it does not represent the parties joint understanding of the terms which it was to include or it is inequitable for one party to rely on it.; (Last reviewed: 06 August 2002; submitted: 04 July 2002)
Contribution Claims: Log in required; Claimants can only claim contribution from a defendant under the Civil Liability (Contribution) Act 1978 where both are liable to a third party for the "same damage".; (Submitted: 01 August 2002)
Service of Experts’ Reports: Log in required; In considering whether to allow extra time for service of an expert's report following a breach of an Unless Order the court must consider all the factors set out in the Civil Procedure Rules.; (Submitted: 01 August 2002)
Settlement Agreement: Log in required; An agreement to release "claims that may in future accrue.... for latent defects" and which is made after practical completion will in general bar contractual claims but not necessarily those in tort.; (Submitted: 01 August 2002)
Arbitration – ICE Conditions: Log in required; A notice to refer to arbitration under the ICE 6th Edition Conditions cannot be given unless a decision of the Engineer has already been obtained.; (Submitted: 01 August 2002)
Choice of Law: Log in required; To ascertain the proper law of the contract the presumptions in the Contracts (Applicable Law) Act 1990 will be applied. If a party has offices throughout the UK, the presumption will indicate that the proper law of the contract will be that of the party's principal place of business.; (Submitted: 01 August 2002)
Formation of Contract: Log in required; Review of ACT Construction Limited v E Clarke and Sons Limited (Technology and Construction Court) HHJ Thornton QC – 21 January 2001.; (Last reviewed: 01 August 2002; submitted: 22 June 2001)
Formation of Contract: Log in required; The essential ingredients for formation of a building contract are an instruction to do work and acceptance of that instruction. If the price is not specified than a reasonable sum will be payable.; (Submitted: 01 August 2002)
Telecommunications Act 1984 - Compensation: Log in required; In assessing compensation payable by a telecommunications operator for installing cables under private property, the court must assess a fair and reasonable amount on the basis of willing agreement to installation.; (Submitted: 04 July 2002)
Assignment: Log in required; An assignment of a Collateral Warranty will not be effective unless there is an intention to assign or an act by the assignor to show that he is passing the benefit of the warranty to the assignee.; (Submitted: 04 July 2002)
Project Management - Payment: Log in required; Case summary of John Allen Associates Limited v David John MacNaughton 30 April 2002.; (Submitted: 04 July 2002)
Agency – Undisclosed Principal: Log in required; A limited company is not the agent of its shareholders and the shareholders are not generally liable for the company’s actions whether as undisclosed principal or otherwise.; (Submitted: 04 July 2002)
Damages – Replacement Costs: Log in required; Damages for failure of a proprietary system will in general be based on the reasonable cost of doing work required to make good the breach and not merely wasted costs of the original installation.; (Submitted: 12 June 2002)
Damages - Mitigation: Log in required; If a type of damage is foreseeable in a claim in nuisance then such damage even if caused to an unforeseeable degree will be recoverable.; (Submitted: 12 June 2002)
Supplemental Agreement - Interpretation: Log in required; In circumstances where precise pre-estimation of loss is almost an impossibility, a liquidated damages clause will generally be upheld if the party relying on it can show that the liquidated sum can be related to anticipated tangible losses.; (Submitted: 12 June 2002)
Termination and Defects: Log in required; In the absence of specific provision, termination of an contractor’s employment will only be available for defective work where the defects are such as to prevent him from substantially performing the contract.; (Submitted: 12 June 2002)
Compound Interest: Log in required; Where a party is liable to reimburse the cost of additional work including overheads and profit, this can include the costs of financing arrangements for the other party whether as a result of arrangements with the parent company or an overdraft with a bank.; (Submitted: 12 June 2002)
Contribution – "Same Damage": Log in required; Under the Civil Liability (Contribution) Act 1978, parties jointly liable to a third party for the "same damage" can recover contribution between themselves. However, such claims may be precluded by the contractual structure between the third party and one or more of the parties from whom the contribution is sought.; (Submitted: 08 May 2002)
Limitation – Deliberate Concealment: Log in required; The "Deliberate Concealment" provisions in Section 32 of the Limitation Act 1980 postpones commencement of the limitation period to the date of discovery of the concealment. To rely on it a claimant must show the defendant knew that he was committing a breach of duty and that it would not be discovered by the claimant for some time.; (Submitted: 08 May 2002)
Experts and Evidence: Log in required; Express authority is required from a party to proceedings before his expert can make binding agreements on his behalf with the other parties’ experts.; (Submitted: 08 May 2002)
Disclosure – Confidential Information: Log in required; Before ordering disclosure of the source of confidential information communicated to a solicitor, the Court will need to be satisfied that the solicitor is implicated in any original wrong-doing or breach of confidence.; (Submitted: 08 May 2002)
Striking out: Log in required; The court, when considering whether to make an order to strike out an action, should consider whether the interests of justice and fairness will be served by such an order.; (Submitted: 08 May 2002)
Engineers’ Duties: Log in required; The importance of correct timing for the provision of drawings.; (Last reviewed: 08 May 2002; submitted: 18 May 2001)
Contribution – Same Damage: Log in required; In the Civil Liability (Contribution) Act 1978 the "same damage" is to be given a narrow meaning and does not refer to substantially or materially similar damage.; (Submitted: 08 May 2002)
Tree Root Damage: Log in required; In a claim for tree root damage, a defendant will be liable in nuisance if he has maintenance responsibility for the tree even though he is not the owner. In a claim for negligence neither ownership nor occupation is necessary.; (Submitted: 08 May 2002)
Scots Law - Inhibition: Log in required; The Scottish remedy of inhibition on the dependence is not compatible with Article 1 of the first protocol to the European Convention on Human Rights.; (Submitted: 09 April 2002)
Personal Injury - Main Contractors: Log in required; The Court will imply an assumption of responsibility by a main contractor where he instructs a sub-contractor's employee to work on unsafe equipment.; (Submitted: 09 April 2002)
Insurance Obligations: Log in required; If a contractor is to be obliged to insure for design liability (rather than avoiding damage to the works by other causes) this must be clearly stated in the contractual terms used.; (Submitted: 09 April 2002)
JCT Construction Management Suite: Log in required; A summary of the JCT construction management documentation which was published in January 2002.; (Submitted: 09 April 2002)
Adjudication - Jurisdiction: Log in required; A Deed of Variation to a Construction Contract entered into before 1 May 1998 will not be covered by the Construction Act unless it amounts to a new contract for Construction operations.; (Submitted: 08 April 2002)
Duty of Care: Log in required; The scope of a duty of care in tort is prescribed by the terms of a contract between the parties and will not generally extend any further.; (Submitted: 13 March 2002)
Adjudication - Enforcement: Log in required; An error of law as to the terms of payment under a contract can amount to an irrelevant consideration on the part of an adjudicator so that his award on that basis would not be enforced as it has been made outside his jurisdiction.; (Last reviewed: 08 March 2002; submitted: 05 October 2001)
Liability for Fire: Log in required; The Fires Prevention (Metropolis) Act 1774 remains in force and provides that there is no liability for escape of fire which arises "accidentally" (which means anything that is not deliberate or negligent). Where the Act does not apply there may be liability in negligence or nuisance if fire results from works involving "special risks".; (Submitted: 08 March 2002)
Repudiation: Log in required; Where the amount of payment and the date on which it falls due is not specified in a building contract but depend on demands, the receiving party must crystallise the obligation of payment by specifying the sum due and the date payable.; (Submitted: 13 February 2002)
Costs in Arbitrations: Log in required; The court will only interfere with an arbitrator’s award on costs if he has taken into account irrelevant factors, made an error of law or has reached a decision which no reasonable arbitrator could have reached.; (Submitted: 13 February 2002)
Winding Up: Log in required; A Winding up petition may be brought against a company on the basis of a debt which has become due and where no withholding notice has been given under Section 111 of the Construction Act. However, the petition will be dismissed if the company has a cross claim which it has not had a reasonable opportunity to pursue by litigation.; (Submitted: 13 February 2002)
Liability for Spread of Fire: Log in required; A property owner will be liable for the spread of fire from a building he owns where he is aware that the building is particularly susceptible to the risk of fire.; (Submitted: 13 February 2002)
Architect’s Liability in Tort: Log in required; An architect may be liable in tort to a subsequent occupier for damage to other property as a result of a latent defect in design where that defect could not have been discovered by the occupier (or his surveyor) on reasonable inspection.; (Submitted: 13 February 2002)
Copyright: Log in required; If the reasons for an expert's opinion cannot be supported then the opinion itself is unlikely to be given weight by the Court in assessing the value of the evidence.; (Last reviewed: 17 January 2002; submitted: 20 December 2001)
Contribution Proceedings: Log in required; The Court has power to order contribution between co-defendants under the Civil Liability (Contribution) Act 1978 in respect of costs as well as damages included in a settlement sum between the defendant and the original claimant.; (Last reviewed: 17 January 2002; submitted: 20 December 2001)
Cheque Payments: Log in required; Claims in respect of a stopped cheque arise separately from claims under the relevant contract and cannot be defended by reference to the drawer's contractual claims which are unquantified at the time the cheque is issued.; (Last reviewed: 17 January 2002; submitted: 20 December 2001)
Removal of Arbitrator: Log in required; Case Summary - London Borough of Lewisham (Applicant) - and - Shepherd Hill Civil Engineering Limited (Respondant) (Technology and Construction Court 30 July 2001) HHJ Seymour QC.; (Last reviewed: 17 January 2002; submitted: 06 November 2001)
Recovery of Costs Under NRSWA 1991: Log in required; Case Summary - British Telecommunications Plc v Bell Cable Media (Leeds) Limited (19 September 2000).; (Last reviewed: 17 January 2002; submitted: 06 November 2001)
Non-Pecuniary Loss: Log in required; Case Summary - Farley v Skinner (11 October 2001 House of Lords).; (Last reviewed: 17 January 2002; submitted: 06 November 2001)
Contract Negotiations: Log in required; Case Summary - Durabella Limited –v- J Jarvis & Sons Limited (Technology and Construction Court 19 September 2001) HHJ Lloyd QC.; (Last reviewed: 17 January 2002; submitted: 06 November 2001)
Public Procurement: Log in required; Under the Public Services Contracts Regulations 1993, challenges to the award of a contract must be brought within 3 months of the claimant risking or suffering loss or damage which will generally occur when he receives the tender documents.; (Last reviewed: 17 January 2002; submitted: 05 October 2001)
Insurance Policy Exclusions: Log in required; Where a product's liability insurance policy provides that it is a condition precedent to liability that sub-contractors are insured in respect of their liability at law, this will in general refer only to sub-contractors responsible for the relevant loss and not all sub-contractors employed by the insured.; (Last reviewed: 17 January 2002; submitted: 05 October 2001)
Formation of Contract: Log in required; The test for ascertaining whether parties intended to enter into a contract is whether a reasonable person would believe that they so intended and this question must be assessed on an objective basis.; (Last reviewed: 17 January 2002; submitted: 05 October 2001)
Contribution and Insurance: Log in required; Under the Civil Liability (Contribution) Act 1978, a claimant may obtain contribution towards a settlement payment to a third party even though the third party has assigned its right to claim to another party who has settled with the claimant on that basis.; (Last reviewed: 17 January 2002; submitted: 05 October 2001)
Loss and Expense Claim: Log in required; Case summary of Beechwood v Mitchell.; (Last reviewed: 17 January 2002; submitted: 12 September 2001)
Design and Build – Contractor’s Risks: Log in required; Case summary of Blyth v Carillion.; (Last reviewed: 17 January 2002; submitted: 12 September 2001)
Negotiations and Scope of Works: Log in required; In the absence of clear evidence a main contractor will not usually be able to demonstrate that a sub-contractor has warranted that his works are the same in extent as those required by the employer.; (Last reviewed: 17 January 2002; submitted: 23 August 2001)
Name Borrowing: Log in required; In a "name borrowing" arbitration under the JCT Management and Works Contracts 1987, the Works Contractor acts in the name of the management contractor. The management contractor's consent is not required to this process as long as he has been notified and given such indemnity and security for costs as he may reasonably require.; (Last reviewed: 16 January 2002; submitted: 23 August 2001)
Contingency Fees: Log in required; Claims consultants can recover fees based on an agreement that they will receive a percentage of the proceeds of negotiations in relation to disputes; the position is the same even where those disputes are subsequently litigated and the agreement is extended to cover the proceeds of litigation.; (Last reviewed: 16 January 2002; submitted: 23 August 2001)
Nuisance - Trees: Log in required; Joseph Dayani v London Borough of Bromley (Technology and Construction Court, 02 April 2001) Robert Moxon Browne QC.; (Last reviewed: 16 January 2002; submitted: 19 July 2001)
Exclusion Clauses: Log in required; Casson v Ostley PJ Limited and Others (Court of Appeal, 29 June 2001).; (Last reviewed: 16 January 2002; submitted: 19 July 2001)
Duty of Care: Log in required; Matalan Discount Club v Tokenspire Properties (North Western) Limited (Technology and Construction Court, 18 May 2001) HHJ Seymour QC.; (Last reviewed: 16 January 2002; submitted: 19 July 2001)
Battle of the Forms: Log in required; Hertford Foods v Lidl UK (Court of Appeal, 20 June 2001).; (Last reviewed: 16 January 2002; submitted: 19 July 2001)
Risk and Reward Schemes: Log in required; Review of Snamprogetti v Phillips Petroleum Company (Court of Appeal) - 14 June 2001.; (Last reviewed: 16 January 2002; submitted: 22 June 2001)
Neighbours’ Rights: Log in required; Review of (1) Raymond John Rees (2) Janet Mary Rees, deceased v (1) Philip Skerrett (2) Warner Andrew Solomon (Court of Appeal) - 23 May 2001.; (Last reviewed: 16 January 2002; submitted: 22 June 2001)
Instalment Payments: Log in required; Review of Clowes Development (UK) Limited v Mulchinock (Chancery Division) 24 May 2001.; (Last reviewed: 16 January 2002; submitted: 22 June 2001)
Arbitration – Removal of Arbitrator: Log in required; A review of Miller Construction Limited v James Moore Earth Moving - 06 April 2001 (Court of Appeal).; (Last reviewed: 16 January 2002; submitted: 18 May 2001)
Adjudication - Natural Justice: Log in required; Adjudicators: it's good to talk.; (Last reviewed: 16 January 2002; submitted: 18 May 2001)
Project Partnering Contract (PPC 2000): Log in required; Key features of the standard form partnering contract.; (Last reviewed: 16 January 2002; submitted: 16 May 2001)
Professional Liability: Log in required; Payne & Others v John Setchell Limited, 16 March 2001 (Technology and Construction Court) HHJ Lloyd QC.; (Last reviewed: 16 January 2002; submitted: 27 April 2001)
Entire Agreement Clauses and Exclusion of Liability: Log in required; Watford Electronics Ltd v Sanderson Ltd, 23 February 2001 (Court of Appeal).; (Last reviewed: 16 January 2002; submitted: 27 April 2001)
Consent Orders: Think Ahead: Log in required; Nolan Davies Limited v Stephen P Catton, 06 March 2001 (Technology and Construction Court) HHJ Wilcox.; (Last reviewed: 16 January 2002; submitted: 27 April 2001)
Building Works – Adjoining Owner’s Claims: Log in required; Video London Sound Studios Limited v Asticus (TMS) Limited & Another, 06 March 2001 (Technology and Construction Court) HHJ Wilcox.; (Last reviewed: 16 January 2002; submitted: 27 April 2001)
Agency Relationship and Striking Out: Log in required; Review of Hyundai Engineering & Construction Co Ltd v HRH Jefri Bolkiah, 09 March 2001, Chancery Division.; (Last reviewed: 16 January 2002; submitted: 27 April 2001)
Long Term Arrangements: Log in required; Review of Baird Textile Holdings Ltd v Marks & Spencer Plc, 28 February 2001 (Court of Appeal).; (Last reviewed: 16 January 2002; submitted: 29 March 2001)
ICE Conditions 5th Edition: Log in required; Review of Anglian Water Services Ltd v Crawshaw Robbins & Co Ltd, 06 February 2001 (Q.B.D.) Stanley Burnton J.; (Last reviewed: 16 January 2002; submitted: 29 March 2001)
Third Party Intervention: Log in required; Case summary of Roberts v Bettany, 22 January 2001 (Court of Appeal); (Last reviewed: 16 January 2002; submitted: 01 March 2001)
Negligent Misstatement: Log in required; Case summary of J Jarvis & Sons Limited v Castle Wharf Developments Limited & Others, 19 January 2001 (Court of Appeal).; (Last reviewed: 16 January 2002; submitted: 01 March 2001)
Limitation: Log in required; Case summary of New Islington and Hackney Housing Association v Pollard Thomas and Edwards Limited, 08 December 2000 (Technology and Construction Court) Mr Justice Dyson.; (Last reviewed: 16 January 2002; submitted: 01 March 2001)
Duty to Warn: Log in required; Case summary of Aurum Investments Limited v Avonforce Limited & Others, 06 December 2000 (Technology and Construction Court) Dyson J.; (Last reviewed: 16 January 2002; submitted: 01 March 2001)
Construction of Arbitration Clauses: Log in required; Case summary of David Wilson Homes v Surrey Services Limited, 18 January 2001 (Court of Appeal).; (Last reviewed: 16 January 2002; submitted: 01 March 2001)
Unauthorised Sub-Contracting: Log in required; Case summary of John Young & Co (Kelvinhaugh) Limited v Rugby Group Plc (19 December 2000, Technology and Construction Court, HHJ Seymour QC).; (Last reviewed: 16 January 2002; submitted: 30 January 2001)
Sealed Offers: Log in required; Case summary of Lindner Ceilings Floors Partitions Plc v How Engineering Services Limited (28 November 2000, Technology and Construction Court, HHJ Seymour QC).; (Last reviewed: 16 January 2002; submitted: 26 January 2001)
Final Certificate: Log in required; Case summary of Tameside MBC v Barlow Securities Group Services Limited (15 January 2001, Court of Appeal).; (Last reviewed: 16 January 2002; submitted: 26 January 2001)
Interpreting: Log in required; Case summary of Frans Maas (UK) Limited v Habib Bank AG Zurich 03 August 2000 (QBD) Sir Christopher Bellamy QC as Deputy High Court Judge.; (Last reviewed: 16 January 2002; submitted: 18 December 2000)
The Duty to Warn: Log in required; Case summary of Plant Construction PLC v Clive Adams Associates and JMH Construction Services Limited, 31 March 2000 (Technology and Construction Court).; (Last reviewed: 16 January 2002; submitted: 13 December 2000)
The Collateral Warranty is Alive and Well... But Needs Careful Drafting: Log in required; An update on collateral warranties, examining the House of Lords decision in Alfred McAlpine v Panatown.; (Last reviewed: 16 January 2002; submitted: 13 December 2000)
Removal of Arbitrator: Log in required; Case summary of Miller Construction Limited v James Moore Earthmoving, 01 November 2000 (Technology and Construction Court) HHJ Seymour QC.; (Last reviewed: 16 January 2002; submitted: 13 December 2000)
Economic Duress: Log in required; Case summary of Carillion Limited Construction Limited v Felix (UK) Limited, 06 November 2000 (Technology and Construction Court) Dyson J.; (Last reviewed: 16 January 2002; submitted: 13 December 2000)
Copyright in Architectural Drawings: Log in required; Case summary of Jones v London Borough of Tower Hamlets & Anr, 10 October 2000 (Chancery Division).; (Last reviewed: 15 January 2002; submitted: 13 December 2000)
Assessment of Damages: Log in required; Case summary of London Electricity Plc v Quattro United Kingdom Limited, 05 October 2000 (Technology and Construction Court) HHJ Seymour QC.; (Last reviewed: 15 January 2002; submitted: 13 December 2000)
Pre-Action Protocol for Construction and Engineering Disputes: Log in required; From 02 October 2000, parties to construction and engineering disputes will need to follow a set timetable of activities before proceedings can be issued.; (Last reviewed: 15 January 2002; submitted: 05 December 2000)
The Federation of Civil Engineers (FCEC): Log in required; Summary of two cases detailing the well known FCEC "Blue Form" standard form of sub-contract.; (Last reviewed: 15 January 2002; submitted: 23 November 2000)
Pure Economic Loss in the UK and in Hong Kong: Log in required; An update on recovering for pure economic loss in tort.; (Last reviewed: 15 January 2002; submitted: 23 November 2000)
Who is Liable for the Cost of Testing Facility?: Log in required; Case summary of Bluewater Operations (Uk) Limited v Amerada Hess Limited (Commercial Court, 30 November 1999).; (Last reviewed: 15 January 2002; submitted: 03 July 2000)
Obligation of Subcontractors to Warn of Health and Safety Risk: Log in required; Case summary of Plant Construction Plc v Clive Adam Associates (Court of Appeal, 20 December 1999).; (Last reviewed: 15 January 2002; submitted: 03 July 2000)
Contractual Obligation of Designers of Incinerator to Meet Specified Capacity: Log in required; Case summary of Hammersmith Hospital NHS Trust v Troup Bywaters and Anders (Technology and Construction Court, 12 November 1999).; (Last reviewed: 15 January 2002; submitted: 03 July 2000)
Battle of the Forms and Agreements as to Applicable Law and Jurisdiction: Log in required; Case summary of Lafarge Plasterboard Limited v Fritz Peters & Co (Technology and Construction Court, 12 May 2000).; (Last reviewed: 15 January 2002; submitted: 03 July 2000)
Time Limits in Arbitration: Log in required; Case report of John Mowlem Construction plc v Secretary of State for Defence (Technology and Construction Court, 27 June 2000).; (Last reviewed: 15 January 2002; submitted: 14 November 2000)
Duty of Sub-contractor to Protest About Health and Safety Risks: Log in required; Plant Construction Plc v Clive Adams Associates & Anr (Technology and Construction Court, 31 March 2000.; (Last reviewed: 15 January 2002; submitted: 03 July 2000)
Duty of Project Manager to Warn of Fire Risk of Construction Materials: Log in required; Case summary of Pride Valley Foods Ltd v Hall & Partners (Contract Management) Ltd (Technology and Construction Court, 04 May 2000).; (Last reviewed: 15 January 2002; submitted: 03 July 2000)
Duty of Main Contractor to Ascertain Whether Subcontractor’s Employee Familiar With Equipment: Log in required; Case sumamry of Makepeace v Evans Brothers (Reading) (a firm) & Anr (Court of Appeal (Civil Division), 23 May 2000).; (Last reviewed: 15 January 2002; submitted: 03 July 2000)
Expert’s Report: Log in required; If the parties' experts have agreed a particular issue then the trial judge cannot go behind such agreement or allow further oral evidence to be given in relation to the same subject matter.; (Submitted: 23 August 2001)
Duty to Warn: Log in required; A project manager engaged to "prepare and agree… [a] specification appropriate…." for the employers requirements must warn the employer as to the suitability of materials he recommends and will only be exonerated in respect of failure to give such warnings if it is clear that the employer would have ignored them if given.; (Submitted: 23 August 2001)
Party Walls – Awards: Log in required; Party Wall Awards under the London Building Acts (Amendment) Act 1939 [now the Party Walls Act 1996] cannot be made ex parte (by one surveyor alone) unless the procedure prescribed by the Act for such awards has been strictly followed.; (Submitted: 23 August 2001)

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