Monthly Archives: December 2009

REUTERS | Maxim Shemetov

PLC Construction recently received an enquiry asking whether it is possible to novate part of a contract.

This question is relevant to several areas of construction law. For example, if a professional consultant enters into a professional appointment under which it provides services covering three disciplines, can you novate one discipline to a third party and continue with the professional appointment for the remaining two disciplines? (To illustrate, could you novate architectural services but not novate project management and CDM co-ordinator services?) Continue reading

REUTERS | John Kolesidis

Those involved in adjudication and, in particular, adjudication enforcement, will be familiar with the procedure laid out in section 9 of the TCC Guide; a procedure that developed after the Construction Act 1996 came into force in May 1998. Quite how many times this procedure has been used over the last ten years is difficult to estimate, but a significant body of case law has developed as a result. Continue reading

REUTERS | Eric Thayer

I was recently involved in a case that came before HHJ Seymour QC in the Queen’s Bench division of the High Court. Rather than acting as an adjudicator and having my decision challenged on enforcement, I was acting as a joint expert for the parties. It was unusual to be on the other side of the fence for a change.

The case involved three properties, one claimant, two defendants and a third party (or part 20 defendant in modern parlance). Issues in the case were less than straightforward: Continue reading

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