The Court of Appeal’s recent judgment in Laker Vent Engineering Limited v Templeton Insurance Limited is a reminder of the importance of being aware of (and complying with) the disclosure and notice requirements of an insurance policy.
REUTERS | Mike Blake
March 10, 2009
Keeping your insurers onside
REUTERS | Petar Kujundzic
The construction industry has been making the headlines again in the past week, but for the wrong reasons. An investigation by the Information Commissioner’s Office (ICO) has uncovered a database containing details on 3,213 construction workers, which was used by over 40 construction companies to vet individuals for employment. Continue reading
REUTERS | Jason Lee
March 9, 2009
No contract “in writing”: an adjudicator’s view
I was the adjudicator at a mock adjudication hosted by Collyer Bristow recently. The dispute was between a contractor, Q (the referring party) and the employer, L (the responding party). Q claimed L owed it £400,000, which L denied. L argued:
- There was no contract “in writing“, so the dispute could not be referred to adjudication and the adjudicator did not have jurisdiction.
- There was a risk of bias because of an alleged relationship between the adjudicator and Mr Jones, an employee of the referring party.
Sound familiar? This post looks at the “no contract” point. Continue reading
REUTERS | Juan Carlos Ulate
The Government has rejected proposed amendments to the Local Democracy, Economic Development and Construction Bill 2008 (LDEDC Bill 2008) as it completed its committee stage in the House of Lords (see our Legal update). The LDEDC Bill 2008 begins the report stage on 17 March 2009. Continue reading
REUTERS | Mike Blake
March 4, 2009
Don’t waste the downturn
One of my friends owns a gym. He is currently sending out emails advising people not to “waste the downturn”. At first glance this seems to be something of a counter-intuitive message. But it isn’t and here’s why.
REUTERS | Kim Hong-Ji
March 3, 2009
Mr Oliphant, the Toblerone and the caravan
In the New Year, the Court of Appeal handed down judgment in an obscure dispute between two homeowners and their structural engineer (Penny and Anr v Digital Structures Ltd). While the judgment creates no new law, it highlights some practical issues relating to structural surveys. Continue reading
REUTERS | Toby Melville
February 27, 2009
When will the adjudicator get paid?
Like many adjudicators, in the current climate I am concerned that parties may go bust and I will not get paid. I have already experienced one or both parties going bust after the decision has been delivered, and I haven’t been paid. Being entitled to a few pence in the pound in the insolvency doesn’t really help pay the bills! Continue reading
REUTERS | Gary Hershorn
February 25, 2009
Having your cake and eating it – approbation and reprobation
It can be of no surprise that in the recent decision of PT Building Services Limited v ROK Build Limited [2008] EWHC 3434, Ramsey J held that a contractor could not both “approbate and reprobate” an adjudicator’s decision.
REUTERS | Toby Melville
February 25, 2009
Can’t pay, won’t pay (yet)
I recently gave a lecture to a group of construction industry professionals on legal developments in 2008. The case that caused most debate was Alan Auld Associates Ltd v Rick Pollard Associates and another [2008] EWCA Civ 655.
Termination for repeated non-payment
That case concerned a consultant (Dr Pollard) working for a contractor, who in turn was charging their client for Dr Pollard’s services. The case is about whether you can determine a contract for continual late payment (as opposed to non-payment), even in the absence of an express power to do so. Continue reading
REUTERS | Sukree Sukplang
February 23, 2009
LDEDC: the merry-go-round of amendments
The seventh list of amendments to the LDEDC Bill 2008, which amends the Construction Act 1996, were published today (the next Grand Committee hearing is tomorrow). Continue reading