Construction News

Pay Less Notices post-termination

Does the Scheme for Construction Contracts apply after the termination of a construction contract? Does an employer have to serve a Pay Less Notice in respect of applications for payment received after a contract has been terminated? Following guidance from...

Regularly and diligently

Construction contracts often require contractors to carry out their works “regularly and diligently”. Alternative wording such as "with due diligence" or "with due expedition and without delay" is used to the same effect. What...

Indemnity clauses in commercial contracts

This case of Wood v Capita Insurance Services Limited provides a fresh update on indemnity clauses in commercial agreements. Although the facts of the case are not strictly related to construction, it is important to note the principles that will apply...

Excluding liability in construction contracts

A recent Court of Appeal decision in Persimmon Homes v Ove Arup provides a useful update on the interpretation of exclusion of liability clauses in construction contracts. The case concerned consulting engineers who sought to limit their liability for...

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...
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