The NEC4 suite of contracts is being published in June 2017 and is already available to pre-order. That doesn’t leave much time for practitioners to prepare, so what do we know about this new raft of contracts? Continue reading →
As many of these posts will hopefully have illustrated, while variations are the bread and butter of contractual disputes on a project, it is a subject that raises some fascinating issues that do not always get the attention they deserve.
Possibly the most overlooked issue in this area is the question of how construction contracts deal with delay caused by variations. Continue reading →
I compared this to buying a new car with a loan, only for the bank manager to take away the keys and steering wheel as security, and still insist that the borrower give him a lift back to his branch. Wouldn’t it be better to leave the steering wheel, if you want someone else to drive? The confused rigmarole of such assignments gives no-one what they really need. Continue reading →
I’m not sure that parties who represent themselves and issues about an oral sub-contract (or three) are necessarily good bedfellows, as Coulson J recently found out when he had to deal with a challenge to the adjudicator’s decision in RCS Contractors Ltd v Conway.
It’s a short judgment (only 22 paragraphs), but it is a case that demonstrates some of the difficulties that can arise in adjudication. Continue reading →
The decision provides a powerful reminder that adjudication is merely a temporary resolution of any particular dispute and that, only in the plainest of cases, will the court uphold an enforcement challenge on the grounds of excess of jurisdiction or a breach of the rules of natural justice. Continue reading →
Trying to find a way around an exclusive remedies clause is a familiar challenge. The contract provides the parties with the right to make certain claims against each other pursuant to a specified process. There is a clause that provides that the right to make claims under the contract constitutes the parties’ sole and exclusive remedies.
If, for whatever reason, one of the parties cannot utilise the contract’s code for claims, the question arises: is there any way around what seems to be an exclusive remedies regime?
The Court of Appeal’s decision in Scottish Power UK plc v BP Exploration Operating Company Ltd provides a good opportunity to re-visit the applicable principles in an area in which there is a surprising disparity between, on the one hand, the significance of the topic and the frequency with which it arises and, on the other hand, the relative paucity of authority dealing with it. Continue reading →
It’s been some time since we’ve blogged about a case involving allegations of breaches of the rules of natural justice against an adjudicator. However, fear not because the Outer House of the Court of Session’s judgment in Bell Building Projects Ltd v Arnold Clark Automobiles Ltd contains some juicy natural justice arguments. It’s a story of weekend working, last minute evidence and threats of resignation by the adjudicator.
Things are not always what they seem. While in one sense, the UK is busy disconnecting itself from Europe with the advent of Brexit, in another sense it is quite literally becoming more connected than ever through the growth of the electricity interconnector market. This post takes a look at this fast rising market and considers some of the construction risks such projects may face. Continue reading →