Does size matter?
It certainly did in a recent Australian case, Unique Building PTY Ltd v Brown. The decision tackles an issue which crops up in construction defect claims: can a party recover the cost of “starting again”? Continue reading
REUTERS | Ronen Zvulun
August 11, 2010
No defect too small?
REUTERS | Ilya Naymushin
August 10, 2010
What should you include in a notice of adjudication?
Once again the TCC has been looking at the scope of the notice of adjudication and the consequences of an adjudicator’s decision to rule out parts of the evidence before him. Continue reading
REUTERS | Beawiharta
August 6, 2010
All that blowing hot and cold was “much ado about nothing”
Over the last couple of years, a number of adjudication cases have looked at whether a party seeking to enforce an adjudicator’s decision could argue something different in court to the case it presented to the adjudicator. While some call it “approbating and reprobating“, I prefer and can understand the term “blowing hot and cold”.
HHJ Havery QC said in Redworth Construction Ltd v Brookdale Healthcare Ltd [2006] EWHC 1994 (TCC) that you cannot do it. Somerfield recently ran the argument before Akenhead J in Nickleby FM Ltd v Somerfield Stores Ltd. Continue reading
REUTERS | Mike Blake
The Contracts (Rights of Third Parties) Act 1999 (the Act) has applied (unless specifically excluded) to contracts entered into since 11 May 2000. Ten years on, it seemed timely for us to take stock of receptiveness to third party rights among the industry’s key players. The outcome was encouraging.
REUTERS | Kim Hong-Ji
August 3, 2010
Conditions precedent to claim: it’s a matter of fact
No doubt there will be considerable column inches written in the coming days (not to mention the many water-cooler discussions taking place) over the Scottish court’s latest decision in City Inn v Shepherd.
I’m not surprised, as it is rare these days to see a judgment that tackles issues such as concurrent delay and extension of time. As Alastair Walls notes, adjudication has all but replaced court-based litigation in construction disputes and therefore what happens in practice so often remains behind the “closed doors” of that process. Continue reading
REUTERS | Luke MacGregor
August 2, 2010
The future: nuclear or bust?
Energy and water security are thought by many to be the biggest challenges facing the world. Climate change, although even bigger, is a little further away. The problem is how to fix the first two, now, without making the third one even worse.
