Construction News

Ground control - when risk allocation isn't what it seems

The allocation of risk for unforeseen ground conditions is often a key part of building contract and development agreement negotiations. Employers will generally seek to shift this risk onto the contractor (as the expert whose skills the employer is relying...

Are we finished yet? - what does the "practical" in practical completion really mean?

Whilst the NEC and PPC2000 contracts define completion , the only JCT contract which does so is the Major Project Form which simply lists a number of requirements to be satisfied before practical completion (PC) can be certified. Given that the vast...

Insolvent Abuse - a warning for companies in liquidation

The judgment in Michael J Lonsdale (Electrical) Ltd v Bresco Electrical Services Ltd (in Liquidation) concerned the issue over whether a company in liquidation may pursue adjudication proceedings in order to claim payment of monies alleged to be due. ...

Collateral Warranties - when your claim is kicked into touch

In Swansea Stadium Management Company Ltd v City & County of Swansea & Anor , the court provided some useful guidance as to when claims made under collateral warranties are time barred. This case concerned alleged defects at the new Swansea City...

It's only a matter of time - or is it?

Since the TCC’s decision last year on concurrent delay in the case of North Midland Building Ltd v Cyden Homes Ltd , the industry has been keenly awaiting the outcome of North Midland’s appeal.  The dispute concerned contractual terms in...

Run for Cover - or when is an insured not an insured?

In Haberdashers' Aske's Federation Trust Ltd and another v Lakehouse Contracts Ltd and another the Court provided guidance in relation to project insurance and whether sub-contractors who have existing insurance obligations can benefit from...

Are you winding me up? A Salutary Guide to Adjudication Enforcement

Welcome to our latest Construction update, which considers the decision in Victory House General Partner Ltd, Re A Company . The case illustrates the difficulties of enforcing a judgment debt arising from an adjudicator's decision by issuing a winding...

Don't hold back - a brief update on the Retention Bill

In January 2018, Peter Aldous MP presented a Bill to parliament concerning the practice of holding retention monies in the construction industry.  There has been a significant amount of commentary over the years regarding retentions, particularly by...

Only a matter of time

The case of RG Carter Building Ltd v Kier Business Services Ltd concerned defects at Boston Grammar school and, in particular, the limitation period for commencing proceedings against a third party following a settlement agreement between the client and...

The price is right, no matter the plight

The case of Colas Ltd & Ors V Transport for London [2018]  relates to requests to vary a Schedule of Rates agreed under a publicly procured Framework Agreement.  Background In 2013, TfL entered into framework agreements for the maintenance...
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