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Imagine having your dream house built, but it subsequently turns out to be defective requiring substantial remedial works. Your claim…
When it comes to appointing the professional team, one of the key issues is to ensure that you clearly define…
Legal Advice Privilege provides confidentiality of communications between lawyers and clients. Whether it extends to Claims Consultants was considered in…
Where a contractor carries out work and causes damages, the employer would expect to be able to bring a claim against the contractor…
Most construction contracts include (or should include) a date for completion of the works. If the works are not completed by that date,…
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 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”…
The Pre-Action Protocol for Construction and Engineering Disputes sets out a timetable for the exchange of information about a claim prior to…
The Construction Act 1996 give parties to a construction contract the right to refer a dispute to adjudication. However, section…
In the last edition of our monthly newsletter we reported on the case of Jerram Falkus Construction v Fenice Investments…
From 6 October 2011 new incremental penalties will be imposed by HMRC for late CIS Returns. They range from £100…
In the current economic climate, the risk of contractor insolvency remains an issue for employer clients. For this reason, many…
I recently read an interesting article on “fitness for purpose” in the context of construction contracts and it got me…
Readers may recall the case of Linnett v Halliwells where Mr Linnett the adjudicator claimed his fees from Halliwells even…
We have all heard of the usual adjudicator nominating bodies such as RICS, RIBA, TeCSA and so forth. But what…
Can a term be implied into a contract which requires the contractor to proceed with its works “regularly and diligently”?…
An issue which has sometimes vexed adjudicators is whether they have jurisdiction to award interest. This is because the Construction…
The decision in Harrison v Shepherd Homes Limited whilst not controversial, provides helpful guidance on issues relating to the interpretation…
It is well established that adjudicators generally have jurisdiction to recover their fees and decide who should pay them. Paragraph…
On 19 August 2011 the Treasury Select Committee concluded that PFI does not provide good value for money to taxpayers….
A TCC Working Party is currently reviewing the Pre-Action Protocol for Construction & Engineering Disputes, and in particular the role…
The Construction Act amendments which primarily affect payment provisions and adjudication in construction contracts come into force on 1 October…
In Traditional Structures v HW Construction HW asked TS to quote for structural steelwork and roof cladding for a development…
Banner Holdings v Colchester Borough Council discusses whether a clause in the CG Works/1 contract in respect of final and…