The statutory right to suspend performance of all contractual obligations for non-payment was granted to contractors when the Construction Act 1996 was brought into force, more than 10 years ago.
REUTERS | Lisi Niesner
December 1, 2009
Excuses, excuses… sometimes they really do work
REUTERS | Petar Kujundzic
November 30, 2009
November 2009 digest: rainfall, climate change and Copenhagen
In the words of Guns N’ Roses (in November Rain):
“‘Cause nothin’ lasts forever
Even cold November rain”
or, if we want to be a bit more highbrow, in the words of Sir Walter Scott:
“November’s sky is chill and drear,
November’s leaf is red and sear.” Continue reading
REUTERS | Mike Blake
November 25, 2009
Crystallisation and severability of disputes: issues arising from Allied v Paradigm
Akenhead J’s judgment in Allied P&L Ltd v Paradigm Housing Group Ltd raises several interesting questions about adjudication enforcement. PLC Construction has discussed the case with Calum Lamont, counsel for Allied at the enforcement hearing, to identify some of these issues.
Following that discussion, here are PLC Construction’s thoughts on some key points.
REUTERS | Navesh Chitrakar
November 24, 2009
Should there be a time limit for claiming statutory interest?
“Dear, dear. I shall be too late.”
(The White Rabbit, in Lewis Carroll’s Alice’s Adventures Under Ground.)
Two weeks ago, I wrote about an interesting argument on the relationship between the “final date for payment” under a construction contract and a claim for statutory interest. This week, I look at delays in bringing a claim for statutory interest… Continue reading
REUTERS | Alex Domanski
November 24, 2009
Should the adjudicator split his costs decision by issue?
I was reading Akenhead J’s decision in Allied v Paradigm and, aside from the issue of whether the adjudicator had jurisdiction (was there one dispute – termination – or two disputes – termination and damages), one comment in particular caught my eye. Continue reading
REUTERS | Issei Kato
November 23, 2009
Does the law allow suppression of evidence?
I saw a good film recently called The Bank Job, which is loosely based on the 1971 Baker Street Robbery.
The plan is to break into safety deposit boxes, which the robbers think will contain large amounts of cash and valuables. I won’t give the story away, but the Security Service, MI5, gets involved because the owner of one of the boxes is “of interest”. Continue reading
REUTERS | Mike Blake
November 18, 2009
Let us help keep the lights on
The government has published six draft national policy statements (NPSs) for consultation. They are the latest step in a detailed consultation on energy and, in particular, nuclear energy aimed at taking policy to the year 2030.
REUTERS | Beawiharta
November 18, 2009
State your intentions…
This week, we have reported on another Court of Appeal decision on a letter of intent. (Earlier this year, the Court of Appeal gave judgment in RTS v Muller.) The case (Whittle v Hollywood) sounds very rock and roll… Continue reading
REUTERS |
November 17, 2009
Status of an adjudicator’s decision
Nowadays parties take for granted that an adjudicator’s decision is enforceable (subject to valid natural justice and jurisdictional challenges), but rarely do parties give thought to the status of the decision. Continue reading
REUTERS | Amit Dave
PLC Construction recently received an enquiry asking whether a contract administrator owes a contractor a common law duty of care.
This question is particularly relevant in the current economic crisis. More and more contractors are faced with an insolvent employer and are asking whether they can recover their losses from third parties, such as a contract administrator. Continue reading