Latest Publications

Share:

Legal Developments in Construction Law: May 2025

1. ABSENCE OF NOVATION SINKS ADJUDICATION AWARD AGAINST ASSIGNEE - A contractor obtained an adjudication award against an assignee of its employer, which had gone into administration.  But was that assignee the correct...more

Legal Developments in Construction Law April 2025 New

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

Legal Developments in Construction Law: March 2025

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

Legal Developments in Construction Law: February 2025

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

Legal Developments in Construction Law: January 2025

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

Legal developments in construction law: December 2024

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

Legal Developments in Construction Law: October 2024

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

Legal Developments in Construction Law: September 2024

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

Legal Developments in Construction Law: March 2024

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

Legal Developments in Construction Law: February 2024

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

10 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide