How will construction products feature in future disputes about unsafe buildings?
Commentators have begun assessing the impact of the Building Safety Act 2022 (BSA 2022) – not least on this blog – and there is much more yet to be said. This post concentrates on construction products, in particular, new rights to pursue manufacturers and suppliers in civil actions. Regulations controlling some construction products already exist, … Continue reading How will construction products feature in future disputes about unsafe buildings?
Crystal clear: “no dispute” defences unlikely to succeed at adjudication enforcement
While defendants in adjudication enforcement proceedings often assert jurisdictional defences as a matter of course, Eyre J’s judgement in BraveJoin Co Ltd v Prosperity Moseley Street Ltd is a reminder that – in practical terms – they will rarely succeed, particularly where they rely on the absence of a crystallised dispute.
Do payment notices affect the date of accrual of a cause of action for limitation purposes?
The TCC is no stranger to resourceful arguments. Recently, a particularly ingenious submission proposed that, in construction claims, time begins to run for limitation purposes when a payment notice is, or should have been, issued. In Hirst and another v Dunbar and others, Eyre J confirmed that the usual position prevails and that the limitation period commences … Continue reading Do payment notices affect the date of accrual of a cause of action for limitation purposes?
The words are mine, and mine alone (or so my lawyer told me)
Ah, witness statements. How often in trial have we rolled our eyes as a witness explains that, while the sentiment of a particular paragraph was about right, they wouldn’t have quite put it like that but “the lawyers wrote it” and it was good enough. Even worse are those occasions when a witness has clearly … Continue reading The words are mine, and mine alone (or so my lawyer told me)
Mastercard? That’ll do nicely! Do you need to issue a new claim if your amendment might be statute barred?
It is no coincidence that construction cases play a prominent role in many of the leading decisions concerning limitation. It is the nature of our work that problems have a tendency to emerge some time after the work was completed and, more than occasionally, new problems come to light after proceedings have commenced. As construction … Continue reading Mastercard? That’ll do nicely! Do you need to issue a new claim if your amendment might be statute barred?
