Construction News

Prices, they are a-changin'

Fluctuation clauses in construction contracts and (possible) implications of Brexit Fluctuation provisions in construction contracts deal with the effects of inflation and changes in costs. They can be particularly important on large projects where...

Time and tide wait for no man - unless an extension of time is granted

– a brief note on recent developments concerning extensions of time Extension of time claims in construction contracts are often contentious. The recent Court of Appeal decision of Carillion Construction Ltd v Emcor Engineering Services Ltd [2017]...

And for dessert...

The Court has considered whether a discussion between two businessmen over a meal in a restaurant can create a legally binding contract. Anyone with a rudimentary understanding of contract law will remember the basic principles of: offer, acceptance,...

Draw your own conclusions: a tale of copyright infringement

Construction professionals will be familiar with copyright provisions in consultant appointments and collateral warranties. In Signature Realty Ltd v Fortis Developments Ltd the Court had to consider the position when an architect’s drawings had been...

And in causation news...

The Court has clarified the test for establishing the cause of an event (e.g. a fire) where there are competing theories. Whilst each case will turn on its own facts, the Court provided guidance for cases where there was more than one possible cause: The...

How to Pay Less - Get the Notice Right, Part 2

If you don’t get your Notices right, the consequences can be seen below. Kersfield Developments (Bridge Road) Ltd (“Kersfield”) appointed Bray and Slaughter Ltd (“B&S”) as the Contractor under an amended JCT DB 2011...

How to Pay Less - Get the Notice Right, Part 1

A recent case in the TCC demonstrates (again) just how important it is to get your Payment and Pay Less Notices right. Surrey and Sussex Healthcare NHS Trust (the “Trust”) engaged Logan Construction (South East) Limited (“Logan”) as...

Can I settle a dispute by email?

In Mi-Space (UK) Limited v Bridgewater Civil Engineering Limited , Mi-Space (as contractor) entered into a JCT Design and Build Sub-Contract 2011 with BCE (as sub-contractor) for the carrying out of groundworks for a residential development. It was a lump...

Payment applications: Disregarding form can have serious consequences

In Jawaby Property Investment Limited v The Interiors Group Limited & Another : Tekxel Limited employed The Interiors Group (“TIG”) for certain works at Holborn Tower, London under an amended JCT DB 2011 form of contract The contract sum...

Termination clauses and repudiatory breach

Vinergy International (PVT) Limited v Richmond Mercantile Limited FZC concerned a Master Supply Agreement (the “MSA”) entered into in 2008 under which Richmond was contracted to supply products to Vinergy. In the event of a breach “...
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