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Construction News
The Construction Act 1996 give parties to a construction contract the right to refer a dispute to adjudication. However, section 106 excludes construction contracts with residential occupiers. The test under the Act refers to a: "construction...
The Pre-Action Protocol for Construction and Engineering Disputes sets out a timetable for the exchange of information about a claim prior to the issuing of Court Proceedings. The protocol states that within 28 days of the...
The second case R and C Electrical v Shaylor concerns the interrelationship between payment provisions in a main contract and a sub-contract. Shaylor was a "main contractor" to Ashley House....
In the first case, Working Environment v Greencoat, Greencoat, the main contractor appointed Working Environment (WE) as its mechanical sub-contractor under JCT2005 SBCSub/A (rev 2). The payment provisions required...
Most construction contracts include (or should include) a date for completion of the works. If the works are not completed by that date, the employer/purchaser may be entitled to damages. Where a contract does not include a...
Where a contractor carries out work and causes damages, the employer would expect to be able to bring a claim against the contractor for that damage. Unfortunately, the position may not be as straightforward as it seems, as...
Legal Advice Privilege provides confidentiality of communications between lawyers and clients. Whether it extends to Claims Consultants was considered in the case of Walter Lilley & Co Ltd v (1) DMW Developments (2) Mackay. Mr Mackay, a director of...
When it comes to appointing the professional team, one of the key issues is to ensure that you clearly define what it is you want them to do. The last thing an employer client wants is for something to happen or not get done and for liability to fall down a...
Imagine having your dream house built, but it subsequently turns out to be defective requiring substantial remedial works. Your claim against the builder succeeds but he goes bust leaving you significantly out of pocket. The build was carried out under the...
If a party to litigation makes and beats a Part 36 Offer it would generally expect to recover its costs on an indemnity basis (i.e. 100%) as from the end of the “relevant period” (usually 21 days after receipt of the offer). This is...
