From 1 October 2011, for the first time, parties will be entitled to refer disputes arising under wholly or partly oral contracts entered into after this date to adjudication.
We will have to wait and see whether this change produces an avalanche of new claims but, even if it doesn’t, clients, their advisers, adjudicators and the courts will be presented with a variety of new challenges as a consequence of the change in the law. Continue reading
Ramsey J has provided a helpful summary of the principles that apply in deciding the type and level of damages to be awarded in cases involving defective premises.
He did so in a case involving claims by freeholders of homes built at a development at Eden Park in Hartlepool during 2002 to 2004 (Harrison and others v Shepherd Homes Ltd and others [2011] EWHC 1811 (TCC)). Continue reading
So, after the tense negotiations, you have popped the champagne corks and finally have a building contract signed and completed. But now what? Do you let it become an attractive paperweight? Or is it going to be your Satnav – the tool that guides you through the construction process and helps you navigate any roadblocks along the way?
Michael Conroy Harris, senior legal manager (pictured) and Jeremy Irving, partner:
The current riots and disturbances in cities across England raise a number of issues relating to construction sites. These include fundamental health and safety issues but also important considerations in relation to any damage or delay caused to the works. Continue reading
Following Jackson LJ’s Review of Civil Litigation Costs: Final Report, published in January 2010, and a Ministry of Justice consultation paper in November 2010, lawyers waited with eager anticipation (or, in some cases, trepidation) as to what civil litigation costs reforms the government would recommend implementing. The Ministry of Justice’s response highlighted that “the way forward” is to implement Jackson LJ’s main reforms.
With all aspects of court proceedings coming under scrutiny and reform to ensure they are cost effective, it is perhaps not surprising that the Technology and Construction Court (TCC) is looking at the Pre-Action Protocol for Construction and Engineering Disputes.
Is it a waste of time and money, or does the upfront investment lead the parties to settlement?
The TCC has announced that it has a working party undertaking a review to find out. Continue reading
Time and time again, clients are confused about the differences between an obligation to maintain insurance and a limitation on liability clause. Confusing the two is a daily occurrence amongst builders, engineers, project managers and even company directors. Consequently, it is common for a client to return from a meeting and say “I agreed with James it’s £10 million PI” only for you to later find out that there has been a mix-up between the £10 million liability cap being offered and the amount of professional indemnity insurance (PII) to be maintained under the contract.
On 27 July, the Supreme Court overturned the Court of Appeal’s decision in Nurdin Jivraj v Sadruddin Hashwani, holding that arbitrators, because of their unique, non-subordinate, relationship with the parties, are not “employees” for the purposes of Equality Act 2010 (the Act) and therefore anti-discrimination legislation does not apply to the appointment of arbitrators. This removed a serious threat to London’s position as a major seat for international arbitrations.
In the UK, we tend to talk more about PFI and PPP than about concessions. In the EU, a consultation on concessions closed in September 2010, but the results have not yet been published. We can only assume that the Commission has been waiting for the outcome of its Green Paper consultation on the modernisation of EU public procurement policy (the results of which were published in June this year) before concluding its findings on concessions.
Although the topic of concessions was excluded from the consultation on the Green Paper, the outcome of the consultation will undoubtedly affect the future of concessions. This post considers what a concession is and what the future holds for concessions in the UK.
The latest HSE figures show that fatalities on construction sites rose in 2010 (from 41 to 50) for the first time in four years.
This was not a revelation: every week the industry press reports a serious accident on a construction site somewhere in the country, but it still shocked me. With all the recent focus on health and safety in the industry, why is it still such a dangerous place to work? Fragmentation is perhaps one of the biggest challenges to health and safety in the industry.
