Practical Law

Where the contractor has become insolvent, what obligations can an employer enforce when stepping-in to a previously novated professional consultant’s appointment in a design and build scenario? A question that routinely arises in practice, this scenario is perhaps more relevant now than ever, not only because of COVID-19 but also because of the Corporate Insolvency … Continue reading Novation, step-in and a potential problem with CIGA 2020 →

For contracts that typically amount to a few pages, collateral warranties undoubtedly generate more than their fair share of case law. Normally, those cases are run of the mill but every now and then one comes along that gives pause for thought. Such was the case for me with the judgment of the Outer House … Continue reading British Overseas Bank v Stewart Milne – spotlight on collateral warranties →

Imagine the scene: you are the responding party to an adjudication and right at the outset you spot that the adjudicator has been incorrectly appointed and does not have jurisdiction. You try to call a halt to the proceedings. The claimant refuses. Surely you can get an injunction? Why go to all the trouble, expense … Continue reading Injunction not granted in ongoing adjudication: Billingford v SMC Building →

Nearly 20 years after the Construction Act 1996 was introduced to stamp out bad payment practices, you would be forgiven for thinking there must be a voluminous pile of case law in relation to the all-important final account. But you would be disappointed. While there is plenty of guidance from the TCC on interim payments, the … Continue reading Final account payments: welcome guidance from the TCC →

The six month transition period for CDM 2015 ends today, 6 October 2015. Since 6 April, transitional provisions have been in place to allow ongoing projects time to adapt to the new regime.  Now that time is up and CDM 2015 is for real. For the last few months, we’ve been scrutinising the detail of … Continue reading CDM 2015: taming the beast →