All posts by busbyd

REUTERS | Kim Hong-Ji
October 10, 2012

Ask the team: what if damage is discovered after party wall work is completed?

What happens if the adjoining owner’s property is damaged when the building owner carries out his works, but the damage isn’t discovered until much later, after the building owner’s works have been completed?

In this scenario, let us assume that in 2009, the building owner gave the relevant party wall notices and a party wall award was made. The work was carried out in 2009-10 but the damage was only discovered in 2012. For simplicity, there was only one party wall surveyor, the agreed surveyor. Continue reading →

REUTERS | Petar Kujundzic
October 9, 2012

Adjudicator wrong on jurisdiction, again

I’ve lost track of how many times, over the last four years, that I’ve said it is tough being an adjudicator, given the pressures that are on us. With that in mind, it doesn’t surprise me when I read a judgment, only to discover the adjudicator did something that means his decision is not enforced.

In the latest instalment before the TCC in Leeds, HHJ Behrens said the adjudicator’s decision on his jurisdiction was wrong. I suppose it makes a change to finding that the adjudicator breached the rules of natural justice, although the end result is the same for the parties involved. Continue reading →

REUTERS | Aly Song
October 3, 2012

Fixing the design liability and notifying claims

Much has been said on the significant findings in Walter Lilly v Mackay about concurrent delays and global claims. However, the case also has a good deal to tell us about some other issues arising commonly in construction law. In particular, I found the discussion on design liability and notifying claims of interest, not least as they indicate the court’s views in two areas where the employer thought the wording of the contract benefited him.

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REUTERS | John Kolesidis
October 2, 2012

Endless submissions in adjudication

I smiled to myself when I read John Redmond’s recent piece in Building magazine, as I know only too well the scenario he describes when talking about parties insisting on having the last word. In John’s example, the parties leave the adjudicator with just 12 hours to reach his decision after the final submission has been made. In my experience, it happens all too often and, sometimes, having 12 hours would be a luxury!

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REUTERS | Eric Thayer
October 1, 2012

Were the Construction Act 1996 amendments another Y2K?

This time last year most construction practitioners were preoccupied with the amendments to the Construction Act 1996 (which had just come into force) and the impact of those amendments on their business. One year on, we decided to look at whether, in fact, 2011 was all a bit like Y2K, with the impact far less than was anticipated and with many of the expected problems failing to materialise. Continue reading →

REUTERS | Ilya Naymushin
September 28, 2012

September 2012 digest: sun sets on sporting achievements

Elbert Hubbard:

“Know what you want to do, hold the thought firmly, and do every day what should be done, and every sunset will see you that much nearer the goal.”

The sun has finally set on an amazing summer of sport, with the closing ceremony of the Paralympic Games held earlier this month. Again, British sportsmen and women exceeded all expectations, finishing third with 34 golds and a total of 120 medals.

On the legal front, September may have seemed a quiet month to some, as if everyone had stopped to watch the Games (or gone on vacation, along with the courts). However: Continue reading →

REUTERS | Tobias Schwarz
September 26, 2012

Ask the team: what is a snagging list and how should it be used?

We recently received a number of queries about parties’ rights and obligations relating to a snagging list. While all the queries related to JCT forms of contract, in practice the term “snagging list” is used in a variety of situations and can mean different things to different people. For example, a straw poll of PLC editors revealed three possible interpretations. Continue reading →

REUTERS | Christian Charisius
September 25, 2012

A guiding hand in adjudications…

RICS has recently published the third edition of its guidance note, Surveyors acting as adjudicators in the construction industry. As is usual with RICS guidance concerning dispute resolution, I should declare an interest. I am chairman of the RICS Dispute Resolution Professional Group (DRPG) and the DRPG is responsible for standards concerning dispute resolution, including this guidance note. Apologies if I therefore appear biased!

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REUTERS | Carlos Barria
September 18, 2012

Adjudicator’s reasons were not open to challenge

In Pihl UK Ltd v Ramboll UK Ltd, the adequacy of the adjudicator’s reasons was among the issues that Lord Malcolm had to consider. It isn’t an issue that comes before the court very often and, as with previous judgments both north and south of the border, Lord Malcolm held that the adjudicator had given adequate reasons, there was no “obvious unfairness in the decision-making process”, and he had not breached the rules of natural justice. His decision was enforced.

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REUTERS | Fabrizio Bensch
September 17, 2012

How to start a project

There is nothing more exciting for a lawyer than the first meeting on a new project.  Cynics would say that it’s all “downhill” from that point on, or “uphill” if you prefer the (more topical) cycling metaphor. But let’s stick with the positive. The enjoyment is twofold:

  • The pleasure of winning or being entrusted with a new piece of work.
  • A chance to start with a (relatively) blank piece of paper and come up with your most impressive, brilliant and (of course) wholly practical ideas.

But before we let the imagination run wild, there are a few slightly mundane things to deal with at the beginning of a project.

Continue reading →

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