We have recently been involved in a large, multi-party dispute where compliance with the Pre-Action Protocol for Construction Engineering Disputes (the Protocol) gave rise to various practical questions:
REUTERS | Mike Blake
January 5, 2009
Multi-party disputes and the TCC pre-action protocol
REUTERS | Sean Yong
January 5, 2009
“There is nothing quite as wonderful as money, there is nothing quite as beautiful as cash”
In December 2008, at a “prompt payment summit”, the Business Secretary, Lord Mandelson, launched a new Code of Practice aimed at increasing the speed of payments to small companies (SMEs). This summit followed an earlier Government commitment to pay its suppliers within 10 days. Continue reading
REUTERS | Jitendra Prakash
January 5, 2009
“What a year for a new year”
Will the dawn of the new year bring any changes to the construction industry, or will it be more of the same? Continue reading
REUTERS | Stephen Hird
December 22, 2008
Christmas cheer for adjudicators
Mr Justice Coulson’s judgment in Westwood Structural Services Ltd v Blyth Wood Park Management Company Ltd caught my eye last week. The judgment may not rock the legal world to its foundations, but it is uplifting reading for all those involved in adjudication. There are two reasons for this: Continue reading
REUTERS | Ahmad Masood
December 22, 2008
Can Facebook help find your errant plumber?
Sole traders and self-employed individuals are involved in most construction projects. They also have a crucial role in maintaining existing buildings. However, when a dispute arises, these individuals can prove elusive. A recent decision in the Australian courts may have the answer: Facebook. Continue reading
REUTERS | Navesh Chitrakar
December 18, 2008
Construction in 2009: Time to stop talking about the credit crunch
So what’s ahead for the construction industry in 2009?
As I see it there will probably be three main stories. In no particular order, these are:
REUTERS | Sukree Sukplang
December 17, 2008
Balfour Beatty v Modus Corovest
We wrote an update on last week’s judgment in Balfour Beatty Construction Northern Limited v Modus Corovest (Blackpool) Limited. Continue reading
REUTERS | Beawiharta
December 17, 2008
Enforcing an adjudicator’s decision: more of the same, or was it?
Coulson J’s judgment last week in Balfour Beatty v Modus Corovest (about the Hounds Hill Shopping Centre in Blackpool) was surprising in a number of ways: Continue reading
REUTERS | Fabrizio Bensch
December 17, 2008
Reasonable skill and care vs fitness for purpose
This particular old chestnut may not be roasting on an open fire with Jack Frost nipping on its nose (as the song goes), but it has been going for years. It’s the perennial debate about the conflict between reasonable skill and care and fitness for purpose. However, there is an interesting twist to the debate which is of concern when drafting contracts.
REUTERS | Ronen Zvulun
December 12, 2008
Selling a construction company
Construction companies are complex businesses. Typically, a construction company will have entered into numerous contractual arrangements with a range of clients, sub-contractors and suppliers, as well as ancillary undertakings such as bonds, guarantees and collateral warranties. There will be a mix of ongoing and completed contracts, with potential liabilities extending for up to 12 years after completion.