This is the first of a series of bi-monthly blog posts on the subject of variations.
This post deals with a subject that should be considered the logical starting point for any discussion about extras: the scope of works. After all, in order to assess whether something is a variation, it is first necessary to determine what the contract requires the contractor to build. Continue reading
As we have come to expect from the TCC, over the last year the judges have taken a proactive approach in grappling with and adopting practices that aid the efficient management and cost-effective conduct of complex, document-heavy litigation. Continue reading
The importance of three little words that should not be underestimated. I am of course talking about “subject to contract” and how the failure to use them in Malcolm Charles Contracts Ltd v Crispin and another proved to be expensive for one party. Continue reading
It’s that time of year again when we all start looking forward and wondering what the next 12 months will hold.
For the last few years, my looking forward piece seems to have focused on West Ham‘s adventures in the Premier League. At the start of last year, I was pleased to see they had secured the lease of the Olympic stadium and hoped they wouldn’t get relegated. As we start 2015, not only has big Sam managed to keep them in the top flight, but we are pressing for a place in Europe. It remains to be seen whether he can get us there, but at least it means relegation is but a distant thought this season (fingers crossed). Continue reading
Considering the cultural and long-standing approach to contracting and dispute resolution in the UAE and Qatar, compared to the UK, to what extent can the NEC form of contract compete with more traditional construction contracting in the Gulf region, including the commonly-used FIDIC forms? Continue reading
TS Eliot, Little Gidding:
“For last year’s words belong to last year’s language
And next year’s words await another voice.
And to make an end is to make a beginning.”
As one year ends, so another year begins. Practical Law has been reflecting on events in 2014 and looking forward to 2015. Continue reading
Jane Austen, Sense and Sensibility:
“Lady Middleton… exerted herself to ask Mr Palmer if there was any news in the paper. ‘No, none at all,’ he replied, and read on.”
It is often said that today’s news is tomorrow’s fish ‘n’ chip paper (even if only metaphorically, since they use white paper nowadays!). Whether that can ever be said about court judgments is debatable but, in the last two months, we have seen two landmark adjudication enforcement decisions.
Last month it was all about Eurocom v Siemens, this month was all about ISG v Seevic. If you missed Edwards-Stuart J’s judgment, we now know that failing to serve a pay less notice means the employer has agreed the value of the works the contractor is claiming for on an interim basis. If an adjudicator is asked to confirm that, a second adjudicator cannot then value that interim claim. Jonathan Cope explained some of the practical implications. Continue reading
It was Max Abrahamson who famously once wrote:
“A party to a dispute, particularly if there is arbitration, will learn three lessons (often too late): the importance of records, the importance of records and the importance of records. It is impossible to exaggerate the extent to which lawyers can find unexpected grounds, often quite real, on which to cast doubt on evidence if it is not backed by meticulously established records.”
Following ISG Construction v Seevic College, parties wishing to defend claims for sums allegedly owed under construction contracts should focus on the importance of notices, particularly payment and pay less notices. Continue reading
Following business as usual this week, Practical Law Construction will send its last email of 2014 next week, to arrive in your inbox on Wednesday 24 December 2014. We are then taking a break until the new year.
The first email of 2015 will be sent to arrive in your inbox on Thursday 8 January 2015. This email will include reports of all developments since 23 December 2014, as well as Practical Law’s looking forward to 2015 pieces.
Merry Christmas and a happy new year.
