Category: contracts

Interpretation of alleged inconsistencies between bespoke terms and standard forms – Practical Law: Construction Blog

Posted June 25th, 2021 in appeals, construction industry, contracts, interpretation, news by sally

‘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.’

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Practical Law: Construction Blog, 24th June 2021

Source: constructionblog.practicallaw.com

Frustrated Contracts and Wedding Venues – article by Harry Dyson – Park Square Barristers

Posted June 17th, 2021 in contracts, coronavirus, hotels, marriage, news, regulations, repayment by sally

‘Harry Dyson discusses what appears to be the first judgment at Circuit Judge level in relation to what monies can be retained or claimed by wedding venues when the contract has been frustrated by Covid-19 regulations. Harry has been exposed to this issue whilst working as a paralegal prior to commencing pupillage. He gained experience in dealing with both these claims and issues surrounding venues’ business interruption insurance.’

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Park Square Barristers, 15th June 2021

Source: www.parksquarebarristers.co.uk

Employment status following the Uber Supreme Court case – Mills & Reeve

Posted June 17th, 2021 in contracts, employment, holiday pay, minimum wage, news, self-employment, Supreme Court, taxis by sally

Establishing an individual’s employment rights can feel like a minefield, with varying degrees of obligations on the employer depending on the employment status. Earlier this year the Supreme Court upheld earlier decisions in the Employment Tribunal, Employment Appeal Tribunal and Court of Appeal that Uber drivers are “workers” of Uber for the purposes of employment rights, and not, as Uber argued, self-employed contractors each operating their own minicab business.

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Mills & Reeve, 14th June 2021

Source: www.mills-reeve.com

Professionals, continuing duty and limitation – Mills & Reeve

Posted June 15th, 2021 in contracts, limitations, mistake, negligence, news by sally

‘Does a professional such as a solicitor, architect or pensions adviser have a duty to revisit their work and to correct a mistake they’ve made earlier? This is an important question for any professional and can be particularly significant when a client alleges that work done many years ago was negligent.’

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Mills & Reeve, 14th June 2021

Source: www.mills-reeve.com

Britvic PLC v Britvic Pensions: Court of Appeal Decision Overturns High Court on Interpretation and “Corrective Construction” – Wilberforce Chambers

Posted June 14th, 2021 in appeals, chambers articles, contracts, interpretation, news, pensions by sally

‘The Court of Appeal has just handed down its decision in Britvic PLC v Britvic Pensions [2021] EWCA CIV 867, overturning the first instance High Court decision. It is a major decision on interpretation (applying principles applicable to contracts and other documents, and not just pension schemes). This note focuses on the interpretation issue of general application; a second note will touch on the pensions-specific aspects.’

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Wilberforce Chambers, 11th June 2021

Source: www.wilberforce.co.uk

The limits of a reply – Practical Law: Construction Blog

Posted June 11th, 2021 in causation, construction industry, contracts, news, pleadings by sally

‘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.’

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Practical Law: Construction Blog, 9th June 2021

Source: constructionblog.practicallaw.com

Fully cladding your Particulars of Claim is key – Mills & Reeve

Posted June 9th, 2021 in building law, chambers articles, claims management, construction industry, contracts, damages, fire, health & safety, housing, news, striking out by sally

‘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).’

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Mills & Reeve, 8th June 2021

Source: www.mills-reeve.com

Transport for Greater Manchester v Kier Construction: Notice the little things – Practical Law: Construction Blog

Posted June 7th, 2021 in construction industry, contracts, damages, dispute resolution, local government, news, notification, transport by sally

‘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.’

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Practical Law: Construction Blog, 2nd June 2021

Source: constructionblog.practicallaw.com

Court of Appeal tells parties: Don’t ignore our suggestion to mediate – Litigation Futures

Posted June 1st, 2021 in appeals, contracts, dispute resolution, news by sally

‘The Court of Appeal has criticised the failure of parties to heed its “strong” encouragement to resolve their dispute by mediation.’

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Litigation Futures, 28th May 2021

Source: www.litigationfutures.com

Termination – where did it all go wrong? – Practical Law: Construction Blog

Posted May 27th, 2021 in construction industry, contracts, coronavirus, news by sally

‘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.’

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Practical Law: Construction Blog, 26th May 2021

Source: constructionblog.practicallaw.com

Case Comment: Burnett or Grant v International Insurance Company of Hanover Limited [2021] UKSC 12 – UKSC Blog

Posted May 25th, 2021 in contracts, exclusion clauses, insurance, interpretation, news, Scotland, Supreme Court, third parties by sally

‘In this post, Harriet Munro and Rowena Williams, members of the insurance disputes team at CMS, discuss the decision of the UK Supreme Court in the matter Burnett or Grant v International Insurance Company of Hanover Limited [2021] UKSC 12, which concerns the application of a ‘deliberate acts’ exclusion in insurance policies.’

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UKSC Blog, 21st May 2021

Source: ukscblog.com

Can you exclude or limit liability for a deliberate breach of contract? – Practical Law: Construction Blog

Posted May 20th, 2021 in contracts, exclusion clauses, interpretation, news by sally

‘The short answer to this question is yes. But matters become slightly more complicated when considering how this can be done.’

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Practical Law: Construction Blog, 19th May 2021

Source: constructionblog.practicallaw.com

No overlap between substance and jurisdictional issues – Local Government Lawyer

Posted April 26th, 2021 in contracts, enforcement, housing, jurisdiction, local government, news by sally

‘Clare Mendelle and James Goldthorpe examine the implications of Ex Novo Limited v MPS Housing Limited [2020] EWHC 3804 (TCC)].’

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Local Government Lawyer, 23rd April 2021

Source: www.localgovernmentlawyer.co.uk

Limitation period for a tortious claim: when does it end? – Practical Law: Construction Blog

Posted April 12th, 2021 in construction industry, contracts, damages, limitations, negligence, news, time limits by sally

‘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.’

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Practical Law: Construction Blog , 7th April 2021

Source: constructionblog.practicallaw.com

Limitation periods for breach of contract claims: where to begin? – Practical Law: Construction Blog

Posted March 29th, 2021 in construction industry, contracts, limitations, news, time limits by sally

‘On the face of it, the law of limitation seems fairly straightforward. The law in England and Wales specifies that anyone bringing a breach of contract claim has six years from the date of the breach in which to do so. This period is extended to 12 years from the breach of contract if the contract has been executed as a deed. But what happens when a provision such as the one below is added into the mix? Does this work to extend the limitation period? If not, what exactly does this provision, which I’ll refer to as the Proposed Clause, mean?’

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Practical Law: Construction Blog, 23rd March 2021

Source: constructionblog.practicallaw.com

A final account problem – JSM Construction v Western Power – Practical Law: Construction Blog

Posted March 15th, 2021 in construction industry, contracts, financial dispute resolution, news, striking out by sally

‘The final account is normally a wrap-up of the contractor’s valid claims for extra payment. It’s particularly helpful if claims were not submitted or assessed as works progressed. So, what happens if the contract doesn’t have a final account procedure but there are claims outstanding once the works are finished? Can a final account procedure be implied under section 110(3) of the Construction Act 1996?’

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Practical Law: Construction Blog, 8th March 2021

Source: constructionblog.practicallaw.com

A Restrictive Interpretation? – Tanfield Chambers

Posted March 5th, 2021 in appeals, chambers articles, contracts, covenants, news, restraint of trade by sally

‘Andrew Butler QC assesses the recent Court of Appeal decision in Quantum Actuarial LLP v Quantum Advisory Ltd [2021] EWCA Civ 227, in which he appeared for the Appellant. The case concerned covenants in restraint of trade, arising in an unusual context.’

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Tanfield Chambers, 2nd March 2021

Source: www.tanfieldchambers.co.uk

Briton jailed over plot to pay bribes for Iraq oil contract – The Guardian

Posted March 2nd, 2021 in bribery, conspiracy, contracts, news, sentencing by sally

‘A British businessman has been jailed for three and a half years after being convicted of conspiring to pay huge backhanders in one of the world’s biggest bribery scandals.’

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The Guardian, 1st March 2021

Source: www.theguardian.com

The Effect of Foreign Jurisdiction Clauses on the Summary Enforcement of UK Adjudication Awards in Construction Contracts – 39 Essex Chambers

Posted February 25th, 2021 in chambers articles, construction industry, contracts, dispute resolution, enforcement, foreign jurisdictions, jurisdiction, news by sally

‘In the very interesting case of Motacus Constructions Ltd v Paolo Castelli SPA [2021] EWHC 356 (TCC), handed down on 22 February 2021 Judge Hodge QC determined:

“the apparently novel question whether the inclusion within a construction contracts for works in England of an exclusive jurisdiction clause in favour of a foreign court precludes the English court from entertaining proceedings for breach of the term implied by paragraph 23 of the Scheme [i.e. the Scheme for Construction Contracts] that the decision of an adjudicator binds the parties until the final determination of the dispute”.’

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39 Essex Chambers, 24th February 2021

Source: www.39essex.com

Case Comment: R (Good Law Project & Others) v Secretary of State for Health AND Social Care [2021] EWHC 346 (Admin) – Late Publication of Coronavirus Contracts Unlawful – 39 Essex Chambers

Posted February 25th, 2021 in contracts, coronavirus, judicial review, locus standi, news, public interest, public procurement by sally

‘Last Friday Chamberlain J handed down judgment in a challenge concerning the government’s compliance with procurement law and its own transparency guidance in the awarding of goods and services contracts during the COVID-19 pandemic. By reg. 50 of the Public Contracts Regulations 2015 the Secretary of State for Health and Social Care was obliged to send for publication a contract award notice (“CAN”) not later than 30 days after the award of a contract. By its transparency policy and principles it was obliged to publish details of any contract.’

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39 Essex Chambers, 23rd February 2021

Source: www.39essex.com