Practical Law

This summer I had the pleasure of traveling to Toronto and meeting Canadian construction lawyers to discuss the introduction of a prompt payment and adjudication regime in Ontario on 1 October 2019. As Matt Malloy outlined in his blog from 2017, the provisions of the Ontario Construction Act take inspiration from the UK. However, while … Continue reading The Ontario Construction Act: building on the UK prompt payment and adjudication regime →

Many a construction dispute turns on defects. A significant subset of those turn on whether the existence of defects prevents practical completion from taking place. It’s not surprising that these situations are contentious: contractors are keen that practical completion is certified so as to avoid or limit their liability for liquidated damages, trigger the return … Continue reading Practically complete or completely impractical? Navigating the pitfalls of what constitutes practical completion →

The recent decision in Riva Properties Ltd v Foster + Partners Ltd, considers the duties that an architect owes to its client, specifically in the context of working in accordance with the client’s budget. Helena White and Matt Malloy have recently written about issues of contributory negligence and evidence arising out of the case. One … Continue reading A cautionary tale on the importance of client service →

Part 36 offers. Perhaps not a topic that stokes a fire in your belly or gets you out of bed in the morning. However, I encourage you to spare a few minutes and plough on. Although I cannot promise you scandal, intrigue or even excitement, a recent extension in the law concerning Part 36 offers … Continue reading Challenge to claimant’s Part 36 offer fails to make it out of the starting gate →