- November 2, 2017
Court of Appeal confirms meaning of section 111 of Construction Act 1996
In Adam Architecture Ltd v Halsbury Homes Ltd, the Court of Appeal has confirmed that section 111 of the Construction Act 1996 (and the requirement to serve pay less notices) applies to payments due following completion or termination of a contract, as well as interim payments. In giving the leading judgment, Jackson LJ said he … Continue reading Court of Appeal confirms meaning of section 111 of Construction Act 1996 →
- August 30, 2016
The latest chapter in Harding v Paice
In a decision handed down last week, Ms Finola O’Farrell QC (sitting as a deputy High Court judge) has held that Mr Paice and Ms Springall (the employers) are entitled to have a recent adjudication decision of Mr Christopher Linnett enforced. She did not accept the submissions made by Mr Harding (the contractor) that: The … Continue reading The latest chapter in Harding v Paice →
- December 2, 2015
Decisions, decisions, decisions (in adjudication)
In Harding v Paice and another, the Court of Appeal has held that an adjudicator’s previous decision that, because an employer failed to serve a pay less notice, he was obliged to pay the amount stated in a contractor’s final account, is no bar to the employer starting a further adjudication to determine the true value of … Continue reading Decisions, decisions, decisions (in adjudication) →
- April 7, 2014
Time to sort out limitation in economic loss cases
Alternatively, this post could be called, A critique of Co-Op Group Ltd v Birse Developments Ltd, given this case raises a fundamental question in relation to the law of limitation in professional negligence claims involving engineers and other construction professionals. In cases of pure economic loss, what should we take as the relevant date for … Continue reading Time to sort out limitation in economic loss cases →