It’s that time of year again when we start looking forward and wondering what the next 12 months will hold. From all of the items that I wished for last year, one was to see West Ham promoted to the top flight. I was particularly pleased to see that one come to fruition, with the boys doing well under Big Sam.
As ever, here is my 2013 wish list. Continue reading
WE Gladstone, Speech on the Reform Bill:
“You cannot fight against the future. Time is on our side.”
As one year ends, so another year begins. We have been reflecting on events in 2012 and looking forward to 2013. Continue reading
Band Aid’s, Do they know it’s Christmas time:
“And in our world of plenty, we can spread a smile of joy!
Throw your arms around the world at Christmas time.”
The holiday period is almost upon us, and so is a period of reflection, not only for the events in December, but for the rest of the year too. While we’ve published a list of key construction and engineering cases from the last six months, the dispute team has set out its top ten practical tips of the year. If you have a few spare minutes, why not take our Christmas quiz and see whether you’ve been keeping up-to-date. Continue reading
Edmund Burke, Speech on concilliation with America, 1775:
“It is not, what a lawyer tells me I may do; but what humanity, reason, and justice, tell me I ought to do.”
The second half of 2012 has seen a number of important decisions affecting construction and engineering practitioners: Continue reading
An agreement higher up the contractual chain than a building contract (such as a development agreement or an agreement for lease) can adopt a variety of terms to describe the developer’s or landlord’s main obligation in relation to the works. For example, it could be to “carry out” the works or to “procure” them or, simply, to “arrange for the carrying out” of them. The difference between such terminology can be crucial, especially where the agreement doesn’t spell out the parties’ specific obligations on matters such as design, materials and workmanship.
A few weeks ago, I wrote about the role of expert witnesses under the Dubai’s civil code. Matt has also discussed experts recently, looking at the difficulties an expert may face, depending on his client and the nature of the dispute.
Given the importance of expert evidence in construction disputes and the sheer number of people who must be acting as an expert at any one time, it should come as no surprise to see the topic cropping up again. This time, I was intrigued by what may be expected of the role of an “appraiser” in Turville v Chartis, but not surprised to see some of the judge’s comments in Melhuish v Hurden.
If you are not familiar with these cases, here’s a brief recap. Continue reading
Frosty the Snowman:
“Frosty the snowman was a jolly happy soul
With a corncob pipe and a button nose
and two eyes made out of coal.”
Following business as usual this week, PLC Construction will send its last e-mail of 2012 next week, to arrive in your inbox on Thursday 20 December 2012. We are then taking a break until the new year.
The first e-mail of 2013 will be sent to arrive in your inbox on Thursday 3 January 2013. This e-mail will include reports of all developments since 20 December 2012.
Merry Christmas and a happy new year.
This month’s Ask the team considers the viability of a claim for pure economic loss based on complex structure theory.
Back in September, I wrote about set-off against an adjudicator’s decision following two TCC judgments: Squibb Group v Vertase FLI Ltd and Beck Interiors v Classic.
It seems the parties in the first case are still arguing over time and money, and have been back before the court (Vertase FLI Ltd v Squibb Group). This time the question for Edwards-Stuart J to address was whether the adjudicator decided the same issue in the second adjudication as he’d decided in the first adjudication. If he had, he’d lack jurisdiction and his decision would be unenforceable. Continue reading
William Wordsworth, Resolution and Independence:
“There was a roaring in the wind all night, the rain came heavily and fell in floods, but now the sun is rising, calm and bright.”
Our monthly digest often starts with a weather-related quote, and this month is no exception, what with all the rain and flooding that the country has recently experienced. Continue reading
