Mr Justice Coulson’s judgment in Westwood Structural Services Ltd v Blyth Wood Park Management Company Ltd caught my eye last week. The judgment may not rock the legal world to its foundations, but it is uplifting reading for all those involved in adjudication. There are two reasons for this: Continue reading
Sole traders and self-employed individuals are involved in most construction projects. They also have a crucial role in maintaining existing buildings. However, when a dispute arises, these individuals can prove elusive. A recent decision in the Australian courts may have the answer: Facebook. Continue reading
So what’s ahead for the construction industry in 2009?
As I see it there will probably be three main stories. In no particular order, these are:
We wrote an update on last week’s judgment in Balfour Beatty Construction Northern Limited v Modus Corovest (Blackpool) Limited. Continue reading
Coulson J’s judgment last week in Balfour Beatty v Modus Corovest (about the Hounds Hill Shopping Centre in Blackpool) was surprising in a number of ways: Continue reading
This particular old chestnut may not be roasting on an open fire with Jack Frost nipping on its nose (as the song goes), but it has been going for years. It’s the perennial debate about the conflict between reasonable skill and care and fitness for purpose. However, there is an interesting twist to the debate which is of concern when drafting contracts.
Construction companies are complex businesses. Typically, a construction company will have entered into numerous contractual arrangements with a range of clients, sub-contractors and suppliers, as well as ancillary undertakings such as bonds, guarantees and collateral warranties. There will be a mix of ongoing and completed contracts, with potential liabilities extending for up to 12 years after completion.
Like many, I was keen to see what the Government would do once the consultation period for the Construction Contracts Bill ended earlier this year. After all, they didn’t draft a Bill the industry wanted the first time around – it was universally criticised – and were said to be having a second attempt at it.
I found out last week, when the latest amendments had their first reading in the House of Lords. Continue reading
Mixed emotions: love it or hate it, the new Construction Contracts Bill is coming our way. Continue reading
The comments made by Coulson J in Jacobs UK Ltd v Skidmore Owings & Merrill LLP (that relate to a summary judgment application in the Technology and Construction Court) struck a chord with me in relation to adjudication. Continue reading
