Practical Law

In Parkwood Leisure Ltd v Laing O’Rourke Wales & West Ltd, Akenhead J was asked to determine whether a collateral warranty was a “construction contract” for the purposes of Part II of the Housing Grants, Construction and Regeneration Act 1996 (Construction Act 1996) and therefore subject to statutory adjudication. The collateral warranty did not refer … Continue reading TCC decides that tenant collateral warranty is subject to statutory adjudication →

This post looks at the practical steps in making head office overhead and profit claims, referring to Akenhead J’s blockbuster decision in Walter Lilly v Mackay. Most will know that the court rejected the Scottish (apportionment) approach to concurrent delay and, no doubt, almost all will know of Mr Mackay’s uncompromising approach to his contractor … Continue reading Making head office overhead and profit claims →

Is sub-contracting in Stevenage more dangerous than sailing the North Atlantic? And what have sub-contracting in Stevenage in 2007 and sailing in the North Atlantic in 1795 got in common with an adjudicator’s decision in 2012? Regrettably, for the adventurers among you, this blog doesn’t attempt some kind of statistical comparison of the physical risks of the sub-contract … Continue reading Complete performance, substantial performance and adjudication →