Construction Law Publications

Changes to the Construction Act – 1st October 2011

The Local Democracy, Economic Development and Construction Act 2009 comes into force on 1 October 2011 and make some significant changes to the way in construction contracts operate under the Housing Grants, Construction and Regeneration Act 1996.

Oh No! Not that Adjudicator - he hates me!

The world of construction adjudication is a small one. It involves a relatively small number of people who find themselves working with or against each other over and over again. It is also a confrontational process done in a hurry which sometimes results in parties doing or saying things they probably would not have done or said away from the hothouse atmosphere of the adjudication or if they had been given the luxury of time to consider their actions. Consequently, is not unknown for a degree of animosity, or at least a lack of trust, to arise between individuals. That may not matter for most of the time, at least as long as you are on opposing sides. But what if your Nemesis is appointed to adjudicate in one of your cases?

Expert Witnesses’ Immunity – On its last legs? – Update

As anticipated in the previous article, the question of whether an expert giving evidence in civil proceedings is still immune from a claim for a breach of duty has now been considered by the Supreme Court.

Satisfying Your Funder

Funders providing development finance will each attach different conditions to their lending. A common condition, however, is for the funder to require a legal route of recourse against the contractor and his sub contractors and the members of the professional team appointed to carry out development. This article highlights the steps you can take to increase the likelihood of your being able to satisfy this common condition. 

Enforcement of Adjudications: Dredging up Uncertainty

You may already know of the peculiar nature of adjudication. As far as construction disputes are concerned, it is a method of obtaining answers to specific questions, posed to the adjudicator at the outset, within a limited timeframe (normally 28 days). The emphasis is on getting to an answer, not necessarily the correctness of that answer.

Expert Witnesses' Immunity: On Its Last Legs?

First solicitors lost their age-old protection from being sued for negligence in litigation. Then it became possible to sue your barrister if his advice was negligent. Consequently, apart from the judge himself, the only party who still has immunity from being sued in respect of their performance in connection with court proceedings is a party's expert.

Endeavours

Where it is impractical to impose an absolute obligation upon a party to do or achieve something, the parties will often look to impose a lesser obligation in the form of either best or reasonable endeavours, but what's the difference?

Construction Act Update

It is thought that by 2011 the construction related parts of the Housing Grants Construction and Regeneration Act 1996 will be replaced by the new provisions of the Local Democracy, Economic Development and Construction Act 2009. The relevant part of the Act is not yet in force however, pending issue of the necessary commencement order.

Can a Builder Owe a Duty of Care in Tort to His Client in Respect of Economic Loss?

In the recent Technology and Construction Court case of Robinson v P E Jones (Contractors) Ltd [2010] it was decided that a builder can owe a duty of care to his client in relation to economic loss. The Judge found that in principle the building contract between a builder and an owner could itself give rise to a special relationship of proximity, and consequently resulted in liability in tort to the owner for pure economic loss.

Adjudicator's Decision v. Employer's Right to set-off

The issue of competing rights between a contractor to be paid a sum which has been determined by an Adjudicator as payable to him, and those of an employer to retain Liquidated Damages against those sums continues to exercise the courts.