Construction blog

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• High Court grapples with what constitutes “construction operations”

  Submitted: 01 August 2019

  This blog post examines the recent decision in Engie Fabricom UK Ltd v MW High Tech Projects Ltd, and the difficulties the parties faced concerning a jurisdictional issue relating to whether or not the project works were “construction operations” under the Construction Act 1996.

  

• The Murphy rule stands; there is no exemption - pure economic losses are not recoverable in tort

  Submitted: 21 May 2019

  We explore the decision in Thomas and Thomas v Taylor Wimpey and others [2019] EWHC 1134 (TCC), which considers whether there is a qualification to the principle of non-recoverability of pure economic losses.

  

• Architect not liable in negligence

  Submitted: 06 December 2018

  In Burgess v Lejonvarn the claimants failed in every aspect of their breach of duty claim against the defendant architect.

  

• Lead consultant not liable for third party consultants

  Submitted: 16 July 2018

  In Midlothian v Bracewell Stirling Architects [2018] CSIH 21, a Scottish appeal court upheld a first instance decision that a lead consultant was not liable for work carried out by third party consultants appointed directly by a local authority.

  

• Failure of limitation defence to a contribution claim due to absence of binding payment agreement - RG Carter Building Ltd v Kier Business Services Ltd

  Submitted: 24 April 2018

  Clarification as to when time will start running under s. 10 Limitation Act 1980 in respect of contribution claims following settlement.

  

• Concurrent Duties of Care and Complex Structure Theory in the Construction Context - talk by Marion Smith QC

  Submitted: 17 April 2018

  Marion Smith QC of 39 Essex Chambers gave an interesting talk today, covering key issues at play when looking at concurrent claims in contract and tort. She raised a particularly interesting point about builders’ liability. This blog post provides a summary of the key points arising from this talk.

  

• Project monitors - duty, causation and contributory negligence

  Submitted: 28 March 2018

  In this blog post, we consider the decision in Lloyds Bank Plc v McBains Cooper Consulting Ltd [2018] EWCA Civ 452.

  

• Scope of notification of circumstances under a professional indemnity policy

  Submitted: 08 February 2018

  This blog post looks at the case of Euro Pools v Royal Sun Alliance. Tricky questions can arise around the scope of an insured’s notification of “circumstances” under claims-made policies, particularly in the context of an ongoing investigation and evolving facts.

  

• Permission to rely on new expert quantum report refused on grounds of unreasonable delay

  Submitted: 04 January 2018

  This blog post looks at the recent TCC case of DPM Property Services Limited v. Emerson Crane Limited, which serves as a further reminder, following Denton v. TH White Ltd, that parties to litigation must be proactive and avoid unnecessary delays when seeking to rely on expert evidence.

  

• Owner of sub-contractor held personally liable to main contractor for £4m

  Submitted: 21 December 2017

  In a recent summary judgment application, the Technology and Construction Court held that an owner of an insolvent sub-contractor was liable to the main contractor for £4m – Multiplex Construction Europe Ltd v Gordan Alan Dunne

  

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