At the beginning of the year I wrote about some of the things I’d like to see in 2009. Just over half way through the year, I thought it was time to review that list, to see where we are. Continue reading
REUTERS | Fayaz Kabli
July 24, 2009
July round-up: what’s happened so far in 2009?
REUTERS | Adrees Latif
July 21, 2009
UK Climate Projections 2009
On 14 July 2009, PLC Construction attended a conference entitled “What does climate change mean for construction?”, organised by the Construction Industry Research and Information Association (CIRIA) and sponsored by Defra.
At the conference a representative from UK Climate Impacts Programme (UKCIP) introduced UK Climate Projections 2009 (UKCP09), its latest climate predictions for the UK during the 21st century. Continue reading
REUTERS | Jumana ElHeloueh
July 20, 2009
No withholding notice – no chance?
We have continuously been told that if you fail to issue a valid withholding notice, you have to pay the sum which is due and you have lost your right to set-off and generally argue anything to the contrary.
That is certainly true in cases concerning interim certificates and adjudication (where the adjudicator’s decision is only temporarily binding), but is it always the case? Is the answer so black and white? Certainly, having read Mr Justice Coulson’s recent judgment in Fitzroy Robinson Ltd v Mentmore Towers Ltd, I think there are some shades of grey. Continue reading
REUTERS | Navesh Chitrakar
July 17, 2009
Adjudication – your flexible friend
Adjudication can be a very flexible process, despite the prescriptive nature of the Construction Act 1996 and the Scheme for Construction Contracts 1998. Provided both parties agree, the timetable can be adapted to suit the parties and, in some instances, the adjudicator. This flexibility can apply to any aspect of the process, including the conduct of the adjudication. It can even extend to how the adjudicator delivers his decision. Continue reading
REUTERS | Neil Hall
July 13, 2009
Consultation on business rescue procedures
With the country in the midst of the worse economic decline for decades, insolvency is often in the headlines. The construction industry has seen more than its fair share of insolvencies, with a number of high profile companies falling victim to the recession. We have seen some big names disappear (David McLean, Mann Construction, Pettifer Construction to name but a few). Most recently, Ashford Construction and William Verry both went into administration. Experts predict that, as with the recession in the 1990s, things will get worse before they get better, as the country comes out of recession. Continue reading
REUTERS | Carlos Barria
July 10, 2009
One nil to the sub-contractor
The third party insolvency exception to pay-when-paid clauses is a contraversial one. Many will say that is a shame that the Government did not take more notice of the industry and removed this exception when it published its proposed amendments to the Construction Act 1996 at the end of last year. Continue reading
REUTERS | Sharif Karim
You would be amazed by the number of cases I come across where otherwise sane and rational people agree to employ a builder to carry out major and expensive works to their home on the basis of little or no formal record of:
- What is to be done.
- Who is to do it.
- How much it will all cost.
- Who is to be responsible for what. Continue reading
REUTERS | Kim Hong-Ji
July 7, 2009
ODA reports early Olympic successes
In July 2008, the Olympic Delivery Authority (ODA) committed itself to achieving ten key milestones by 27 July 2009. (The Olympics will start on 27 July 2012.) According to its recent publication, the ODA has achieved all ten milestones ahead of schedule. Continue reading
REUTERS | Yuriko Nakao
My heart sank when I read the judgment in Primus v Pompey. It’s a case that all adjudicators should read and take note of. Continue reading
REUTERS | Eduardo Munoz
July 1, 2009
Defective work in construction projects
We recently attended a seminar at Pinsent Masons’ offices, presented by Sam Boyling and James Clarke. The topic was defective work; something that is all too familiar to those involved in the construction industry. Defects can range from de minimis items often included in a snagging list at practical completion (PC), to undetected problems, such as issues with the design of foundations, which may compromise the structural integrity of a building.
