Alternatively, this post could be called, A critique of Co-Op Group Ltd v Birse Developments Ltd, given this case raises a fundamental question in relation to the law of limitation in professional negligence claims involving engineers and other construction professionals.
In cases of pure economic loss, what should we take as the relevant date for limitation purposes? Is it the date when the building was completed or is it the date when physical damage was suffered? Continue reading
Some projects seem destined to generate disputes and a composting facility commissioned by Devon County Council seems to be one of them.
As far as I can tell, to date there have been nine adjudications, two hearings in the TCC and one arbitration between the Council and Celtic (the contractor), who, confusingly, is called Bioenergy Ltd in one judgment and Composting Systems Ltd in another. Previously, there were at least two adjudications between Celtic and ROK Building Ltd (its sub-contractor), together with enforcement hearings in the TCC (two of them).
As Stuart-Smith J said in his January judgment (which was concerned with Celtic Composting Systems Ltd), the dispute is “developing into a procedural war between the parties”. Fertile ground indeed (if you will pardon the pun). Continue reading
The recent case of Hillcrest Homes Ltd v Beresford & Curbishley Ltd deals with important issues regarding the enforceability of an adjudicator’s decision. It also highlights that parties should not overlook other substantive issues when faced with CPR Part 8 proceedings and deciding whether to defend them.
