‘An NHS hospital commissioned a report into the risk of corporate manslaughter charges should a fatal roof collapse occur, leaked documents reveal.’
BBC News, 16th August 2021
Source: www.bbc.co.uk
‘When it comes to replenishing my wardrobe, I have little patience for the careful selection of clothes for style and fit (this should come as no surprise). Instead, I am one of those who buys a job-lot of clothes once or twice a year to see me through the next couple of seasons. When I may not have been sufficiently realistic about size, I rely on the ability to change my mind and send things back or exchange for something more appropriate. However, do the same with experts at your peril! The case of Matthew Rogerson (t/a Cottesmore Hotel, Golf and Country Club) v Eco Top Heat & Power Ltd provides a very useful reminder of the court’s approach to expert shopping. As well as a recap on that approach, it invites reflection on how we go about selecting, instructing and managing experts when proceedings are anticipated.’
Practical Law: Construction Blog, 11th August 2021
‘Cases about liquidated damages are, it transpires, like London buses: you wait ages for one to turn up and then two come along together.’
Practical Law: Construction Blog, 9th August 2021
‘Or should that be, when is a collateral warranty not a construction contract? July was a busy month for TCC judgments, which makes the job of writing these blogs considerably easier. In addition to the fascinating judicial review cases being brought by the Good Law Project, one case that caught my eye was Timberbrook Ltd v Grant Leisure Group Ltd because it concerned the construction of a new orangutan enclosure at Blackpool Zoo. However, it is quite a detailed, merits-based judgment and, in the end, I plumped for the only TCC judgment (at least of those on BAILII) that concerned adjudication, Toppan Holdings Ltd and Abbey Healthcare (Mill Hill) Ltd v Simply Construct (UK) LLP.’
Practical Law: Construction Blog, 3rd August 2021
‘A High Court judge has warned against “litigation warfare” as he pleaded with the parties in a construction dispute to co-operate in the face of spiralling costs.’
Legal Futures, 30th July 2021
Source: www.legalfutures.co.uk
‘The following case analysis, produced by Mathias Cheung, in partnership with LexisNexis, discusses the recent Supreme Court judgment in Triple Point Technology, Inc v PTT Public Company Ltd [2021] UKSC 29 (16 July 2021).’
Atkin Chambers, 26th July 2021
Source: www.atkinchambers.com
‘Second Reading of the Building Safety Bill (Bill 132 of 2021-22) is expected to take place on Wednesday 21 July.’
House of Commons Library, 16th July 2021
Source: commonslibrary.parliament.uk
‘Many changes have been introduced since Grenfell to address the cladding crisis including the establishment of various loans, funds, plans for new regulators, new taxes, levies and new rules to govern building safety throughout the lifetime of a building.’
Practical Law: Construction Blog, 13th July 2021
‘It has been quite some time since I have blogged about expert determination. In fact, the last time was six years ago when I wrote about the Court of Appeal’s judgment in Begum v Hossain, which concerned the valuation of shares in an Indian restaurant. That was before the term “Brexit” had been coined and most of us were happily oblivious to the meaning of the word “furlough”. Therefore, Jefford J’s recent judgment in Maypole Dock v Catalyst Housing Ltd, which concerned an interim injunction to restrain the pursuit of an expert determination, caught my eye.’
Practical Law: Construction Blog, 6th July 2021
‘More than 800 bereaved and survivors from Grenfell Tower and 102 firefighters are seeking up to tens of millions of pounds in compensation from organisations involved in the disastrous refurbishment in a case that reaches the high court on Wednesday.’
The Guardian, 6th July 2021
Source: www.theguardian.com
‘Adjudication has now become the default dispute resolution method for construction disputes, to the extent that some parties use it on multiple occasions and for multiple disputes. But that carries its own risks and complexities, as highlighted in the recent decision in Prater Ltd v John Sisk and Son (Holdings) Ltd.’
Practical Law: Construction Blog, 29th June 2021
‘Last month, the Court of Appeal handed down its judgment in Septo Trading Inc v Tintrade Ltd. While the case does not change the law, it provides a helpful outline as to the approach to be taken to interpreting alleged inconsistencies between bespoke terms and the terms of standard forms within a given contract. The case will be of general interest to practitioners, in particular those whose practice incorporates construction or shipping work, where standard forms are commonplace.’
Practical Law: Construction Blog, 24th June 2021
‘A claimant who receives a defence is not required to take any further step in relation to the statements of case. It can consider the pleadings closed and seek to move on to directions, disclosure, evidence and ultimately trial. Nevertheless, sometimes the claimant will want to react to or deal with the allegations made in the defence.’
Practical Law: Construction Blog, 9th June 2021
‘Beware the pitfalls of bringing a claim at the last possible opportunity, and the prohibition against pleading new causes of action in the Reply to Defence … Martlett Homes Limited v. Mulalley & Co. Limited [2021] EWHC 296 (TCC).’
Mills & Reeve, 8th June 2021
Source: www.mills-reeve.com
‘Preparing and sending contractual notices always makes me nervous. There are so many things to get wrong: is it in time, where should I send it, who to, how should I send it? Not to mention the actual content of the notice. For those of you like me, the recent case of Transport for Greater Manchester v Kier Construction Ltd shows that we are right to worry about these things. Notices are important, and getting them wrong has serious consequences.’
Practical Law: Construction Blog, 2nd June 2021
‘A litigant in a building dispute who claimed £3.7m in damages – only to be awarded just £2,000 at trial – has been hit with a costs bill of at least £500,000.’
Law Society's Gazette, 2nd June 2021
Source: www.lawgazette.co.uk
‘Is it just me who has seen a lot of disputes regarding wrongful termination since the beginning of the COVID-19 pandemic? A large proportion of those disputes have concerned whether a party has terminated in accordance with the provisions in a JCT contract. While parties frequently attempt to exercise termination provisions under JCT contracts, very few seem to do so effectively.’
Practical Law: Construction Blog, 26th May 2021
‘On 29 April 2021, the government published a consultation on what is to be called the Residential Property Developer Tax (or RPDT). This sets out proposals for the design of a new tax to be charged on the largest residential property developers.’
Practical Law: Construction Blog , 5th May 2021
‘Some breaches of contract do not become apparent until many years have passed. This is especially true where the result is a defect. Recently, our colleague Charlotte Mears blogged on limitation periods under contract. But what happens after the limitation period under a contract has expired? This blog explores the extent to which an answer lies in tort focusing on the tort of negligence.’
Practical Law: Construction Blog , 7th April 2021
‘Your starting point, like mine, to the above question, which I will leave you to mull over the Easter break, is likely “of course!”. But why? This question was first explored by Peter Clyde in his blog in 2012. Since then we have had the benefit of the Supreme Court’s decision in Aspect Contracts (Asbestos) Ltd v Higgins Construction plc, but does this change the analysis?’
Practical Law: Construction Blog, 30th March 2021
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