Practical Law

I advise many clients involved in construction projects who are on the cusp of a dispute. While they take legal advice on the merits of their position, my clients usually continue to seek to reach an amicable solution with their counterparty through direct negotiation as well as continuing to liaise on a day to day … Continue reading Without prejudice privilege – guidance from the Privy Council →

Rights and wrongs aside, for almost a decade since the Parkwood decision, it has been clear that in certain circumstances a collateral warranty may be deemed by a court to be a “construction contract” for the purposes of the Construction Act 1996. This means that the parties will have the right to adjudicate at any … Continue reading Abbey Healthcare v Simply Construct – opening the floodgates or the death of collateral warranties →

In the third and final blog in our series looking at common queries on the roll out of EV infrastructure (see our previous blogs on progress and challenges and landlord and tenant issues) we focus on construction, planning and tax aspects.

Those you of you with an interest in construction law will no doubt have heard of the case of Triple Point v PTT, which concerned whether liquidated damages (LDs) are payable in the event of termination. The first judgment was given by Jefford J in 2017 and the Court of Appeal gave judgment on the … Continue reading Third time lucky: Supreme Court allows recovery of liquidated damages in Triple Point v PTT →

Preparing and sending contractual notices always makes me nervous. There are so many things to get wrong: is it in time, where should I send it, who to, how should I send it? Not to mention the actual content of the notice. For those of you like me, the recent case of Transport for Greater … Continue reading Transport for Greater Manchester v Kier Construction: Notice the little things →

The future is very uncertain at the moment. There is significant financial uncertainty in the construction industry. With financial uncertainty comes insolvencies, and with that risk comes issues about ownership of goods and materials on site. As a team we have been asked a number of questions about retention of title recently, and answering these … Continue reading Hands off! Ownership of goods and materials on construction projects →

Imagine this: a contractor undertakes to perform certain works by a specified date, and agrees to pay liquidated damages (LDs) if it does not complete by that date (subject to any entitlement to an extension of time). The contractor, through its own fault, is late and does not complete by the specified date. In fact, … Continue reading Can liquidated damages be claimed after termination? Wrong question! →

Whether liquidated damages (LDs) can be claimed after termination is a question which comes up regularly. It is very relevant in the current climate where contracts are often terminated following contractor insolvency. If I were devising a construction law exam paper, this classic question would undoubtedly appear. An unlucky student sitting my imaginary exam paper … Continue reading Do liquidated damages survive termination? (answer in no more than 1000 words) →

Concurrent delay is something that the courts tell us is exceedingly rare. And yet, it is a subject which can occupy much time when parties are in dispute about entitlement to an extension of time. The Court of Appeal has now considered whether parties to a construction contract can decide how to apportion risk in … Continue reading Concurrent affairs: North Midland Building Ltd v Cyden Homes →

The Society of Construction Law (SCL) has recently issued a consultation draft of the second edition of its Delay and Disruption Protocol (Protocol). The object of the Protocol is to provide guidance on some of the common delay and disruption issues that arise on construction projects. Its stated purpose is to provide a means by … Continue reading Concurrency and the SCL delay and disruption protocol: all together now →

We are nearly one year into the Jackson reforms, but it would be fair to say that the full implications of the reforms are still being worked out by the courts. How the changes are operating in practice has generated much debate in the legal press, although much of the coverage has focused on the … Continue reading Does the court have to sanction all extensions to the litigation timetable? →

We all know that things change. What seemed like a good idea a few years ago, might now be less appealing. We may all cringe at old photos, at a past hairdo or choice of outfit. The same can apply in a commercial context. Added to that are the likes of continuing financial uncertainty, strikes, bail outs, … Continue reading How can I get out of this contract? →

Although early neutral evaluation (ENE) in the TCC got off to a slow start, interest in it seems to be increasing. Recently, we have found that more clients are considering ENE as a dispute resolution method and as an alternative, or as an add on, to more traditional methods such as mediation.

False. The recent case of Azimut-Benetti SpA v Darrell Marcus Healey is another example of the courts moving away from the “genuine pre-estimate of loss” test and looking at whether the clause is commercially justifiable.

The first thing to remember is don’t Google it! But don’t panic either, it’s not as bad as it sounds. “Hot tubbing” or “concurrent evidence”, as it is less scarily known, is a method of giving evidence where both experts (or witnesses of fact) sit in the box together and the tribunal chairs a discussion … Continue reading Hot tubbing with your expert: will it leave you exposed? →

The Court of Appeal’s recent judgment in Laker Vent Engineering Limited v Templeton Insurance Limited is a reminder of the importance of being aware of (and complying with) the disclosure and notice requirements of an insurance policy.