1. AND "WITHOUT PREJUDICE" PROTECTION FROM DISCLOSURE APPLIES WHEN?
Without prejudice privilege is a legal rule protecting genuine negotiation discussions from disclosure, the object being to encourage negotiations that...more
1. PRIVY COUNCIL RULES OUT CONTRACTOR'S CANCELLATION CHARGES IN FIDIC YELLOW BOOK TERMINATION CLAIM -
The employer, under two contracts based on the 1999 FIDIC Plant and Design-Build Yellow Book, terminated the contracts...more
1. COURT UNTANGLES CONSTRUCTION ACT PAYMENT NOTICE PUZZLES -
A subcontract dispute required the court to rule on the validity of a payment notice, and a payless notice, under a JCT 2016 design and build subcontract, with...more
1. LEASEHOLDERS MOVE CLOSER TO BUILDING LIABILITY ORDER AGAINST SPV PARENT COMPANY -
Under section 130 of the Building Safety Act the court can make a Building Liability Order against a company that was not responsible...more
1. DOES A D & B CONTRACTOR HAVE TO CHECK THE ER DESIGN?
A design and build contractor may agree to complete the design of a project but does that responsibility extend to checking the design in the Employer's...more
12/18/2024
/ Construction Contracts ,
Construction Disputes ,
Construction Project ,
Construction Workers ,
Contract Terms ,
Contractors ,
Design-Build ,
Employer Liability Issues ,
Real Estate Development ,
Remediation ,
Safety Standards
1. AN AGREEMENT TO AGREE IS UNENFORCEABLE – OR IS IT?
An agreement to agree is not enforceable. For example, in a sale of goods contract, price is an essential ingredient, and if still to be agreed between the parties,...more
1. SUPREME COURT PUTS COLLATERAL WARRANTIES IN THEIR THEIR PLACE -
Can a collateral warranty be a "construction contract" under the Construction Act, an agreement for the carrying out of construction operations?...more
10/1/2024
/ Arbitration ,
Building Standards ,
Construction Contracts ,
Construction Disputes ,
Construction Industry ,
Construction Litigation ,
Construction Project ,
Contract Terms ,
General Contractors ,
Housing Developers ,
Late Payments ,
Safety Standards ,
Service Agreements ,
Subcontractors ,
UK
NEGATIVE CERTIFICATE AND OVERPAYMENT: CAN AN EMPLOYER GET ITS MONEY BACK?
An adjudicator ruled that a contractor had been overpaid on an interim payment cycle and should repay the overpayment to the employer. In...more
1. "Smash & grab" claim + true value claim = one adjudication dispute, or two?
A subcontractor resisting enforcement of an adjudication award claimed that the adjudicator had exceeded their jurisdiction....more
2/26/2024
/ Building Codes ,
Construction Contracts ,
Construction Disputes ,
Construction Project ,
Fraud ,
Good Faith ,
Limited Liability ,
Real Estate Development ,
Regulatory Requirements ,
Risk Management ,
Safety Standards ,
Subcontractors ,
UK