Monthly Archives: November 2010

REUTERS | Beawiharta
November 9, 2010

Is your contract a get-you-home or a racing slick?

Imagine you’re stuck on the hard shoulder with a puncture. Do you use the get-you-home tyre you have in the boot, even though it means you can’t go over 50 mph, or do you wait around for a brand new high performance racing slick tyre that can cope with the speed limit (and more)?

The answer, of course, depends on the circumstances and it’s exactly the same when choosing which construction contract to use. In these times of austerity, contracts need to be exactly the right fit for projects as, indeed, do the professional services advising on those contracts. Continue reading →

REUTERS | Jason Lee
November 3, 2010

No contract, no claim? How about unjust enrichment

Where one party has carried out work for another, the party who performed the work has (broadly speaking) two options for seeking payment for that work. The choice depends on whether there is a concluded contract and, as always, the facts of the case. If there is a concluded contract, that’s great, bring a claim under that. However, if there is no contract, all is not lost. You may be able to bring a claim under the law of restitution.

Continue reading →

REUTERS | Jumana ElHeloueh
November 3, 2010

Insurer escapes third party claim

Nothing ever seems to go smoothly when a claim under the Third Parties (Rights Against Insurers) Act 1930 is in prospect. Upon insolvency of an insured this provides for the insured’s rights under any insurance policy it holds to be transferred to a third party for the purpose of enabling the third party to claim against the insurer.

Continue reading →

REUTERS | Ognen Teofilovski
November 2, 2010

Interim or final and binding, what does it all mean?

Everyone involved in the construction industry is familiar with the terms “interim binding” and “final and binding”, especially when referring to the effect of a certificate. Equally, they are familiar with the idea that an adjudicator’s decision is an interim one, which can only be overturned by a court, arbitrator or by agreement.

So, you can imagine my surprise when I read Edwards-Stuart J’s recent judgment in Straw Realisations v Shaftsbury House. Continue reading →

Share this post on: