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
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