Academics and judges have spent many hours discussing and identifying the difference between a latent defect and a patent defect in a construction project. But does the distinction matter?
This post considers a defect that appears just after the contractual defects liability period has expired and argues that the distinction does matter, but perhaps not as much as you might think. Continue reading
I identified an increased awareness by experts of their duties and obligations as one of the items in my 2014 “wish list“. I did this because of the sheer number of recent cases where the court was critical of the experts and their evidence. For example, last year I commented on:
In the first TCC case to be published in 2014, the experts’ evidence was under scrutiny once again. Continue reading
It is well recognised that because of its consensual foundation, arbitration can be difficult as a means of settling complex multi-party and multi-contract disputes. This has historically been a problem for construction practitioners and clients because an ever increasing proportion of large disputes are complex and involve multiple contracting parties.
The background to this case is well known. The Sun newspaper reported that the then Chief Whip of the conservative party had engaged in a foul mouthed rant against police officers at the entrance of Downing Street. Mr Mitchell alleged defamation against the Sun and the Sun defended the action on the basis of justification and public interest.
While the case was proceeding on the defamation costs management pilot scheme, the new costs management rules were used as guidance as to what sanctions could be applied under the court’s general powers of case management. Continue reading
I’m unsure if it’s now too late to say this, but happy New Year to you all. I signed-off 2013 by talking about my fear of Christmas games. Well, I can proudly say that I was on the winning team in a game of Articulate (I was also on two losing teams but let’s not go there). It made my Christmas. Anyway, I digress.
Adjudicators, arbitrators and judges have to be careful in the language they use in decisions, awards and judgments, particularly when they are dismissing weak points. For example, you might see an adjudicator write something along the lines of “I have difficulty in accepting X’s case on this point because…”. What the adjudicator might actually be thinking is “you can’t seriously expect me to find for you on this point because…” or, as I heard a site agent so eloquently put it at a recent adjudication meeting, “you’re having a giraffe”. Some adjudicators might go further in criticising parties or their representatives, but personally I tend to steer clear of this manner of drafting.
Another area where approaches differ is the amount of comment an adjudicator might include in a decision which is not strictly necessary to the outcome of that decision. I was interested to see that this is what the adjudicator did in Alexander & Law v Coveside. Continue reading
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 secure the lease on the Olympic stadium. I was particularly pleased to see that one come to fruition. As well as a future new home, the boys also managed to stay in the Premier League – it remains to be seen whether that will be the case this time next year!
Alfred, Lord Tennyson, Ring out, wild bells:
“Ring out the old, ring in the new, Ring, happy bells, across the snow. The year is going, let him go. Ring out the false, ring in the true.”
As one year ends, so another year begins. Practical Law has been reflecting on events in 2013 and looking forward to 2014. Continue reading
As it is almost upon us, what better way to start December’s digest than with a little bit of Slade’s Merry Christmas everybody:
“So here it is merry Christmas
Everybody’s having fun
Look to the future now
It’s only just begun”
December is often a month of reflection, not only for the events in December, but for the rest of the year too. While we have published a list of key construction and engineering cases from the last six months, the dispute team has set out its top ten tips of the year and the arbitration team has selected its highlights for international arbitration. If you have a few spare minutes, why not try our Christmas wordsearch and see whether you’ve been keeping up-to-date. Continue reading
Instead of the usual straightforward Christmas quiz, this year we give you our festive construction wordsearch! Continue reading
In a judgment that is destined to become the leading case on the topic, Coulson J has restated the law on the relationship between adjudication enforcement and insolvency, and held that the existence of a winding up petition is not a defence to summary judgment.
