From boldness to fairness, reaching a successful adjudication result starts with paying heed to seven pillars, as set out by Mr Justice Coulson. It wouldn’t surprise me if one day a losing party runs the argument in court that the bullying behaviour of the winner had the potential to distort the independence of the adjudicator […]
Two decisions of the courts in 2017 show how attempts to imply duties of good faith into contracts governed by English law are meeting resistance. At the end of last year, we predicted that 2017 would see at least one further judgment in which an attempt was made to breathe life back into the idea […]
Great care must be taken over payment procedures and timings before and after practical completion, as ignoring them can prove to be a very expensive exercise Laurence Cobb The cry of a frustrated child when they do not get their way is “it’s not fair!” As we get older we learn that life often isn’t, […]
WHAT’S YOURS IS MINE A retention may be held by an employer, but the money does not belong to it. This inconvenient fact is often overlooked by clients and main contractors – it’s so good for business, you see. “My boss was very good at getting his retention paid and very bad at passing them […]
There is an ongoing debate as to the correct approach to take in relation to concurrent delay under construction contracts – where delay is caused by two events which run alongside each other, one of which is a contractor risk event and the other is an employer risk event. The correct approach was considered in […]
When 64 homes had to be demolished, the council claimed the architect had assumed responsibility for others’ errors The 64 brand-new houses have now been demolished, and the claim is for £12m in damages. The architect was put in the frame for blame. Nothing he did makes him the culprit; it is simply the facts […]
THE BATTLE OF EASINGWOLD Margaret Tomlinson wanted an extension for her terraced home. Okay, said the builder, that will be £19,500, please. It was downhill all the way after that, ending up in a trial that lasted six-and-a-half days… “There ought to be a law against it. And there would be if consumers had a […]
ONCE MORE UNTO THE BREACH The Construction Act says it is lawful to down tools if you haven’t been paid what you’re owed. But what happens if you get it wrong and the money isn’t owed? Hmmm, said the judge, not every wrongful failure to proceed regularly and diligently with the works amounts to a […]
Two companies have been found liable for the financial loss suffered by Network Rail when its apparatus was damaged due to the negligence of their drivers. The damage caused disruption to the rail service and made Network Rail liable to the Train Operating Companies under their Track Agreements. The companies were held to be liable […]
Most construction contracts require contractors to proceed with their works “regularly and diligently” (or an equivalent requirement such as “with due diligence” and “with due expedition and without delay”). Surprisingly, not many cases explain this phrase’s meaning under English law. The few cases there are stress that the starting point is to review the words […]
THE SIMPLE SECRET OF SUCCESS The expert goes to Majorca to deliver a paper about the contractual side of building – and learns a lot about how it really works from a man who doesn’t even go to his lecture… “His system was simple. He tried his best to accommodate everyday true-life building ups and […]
THE PEOPLE VS CAMDEN COUNCIL Government agencies are encouraging local authorities to adopt strategic procurement arrangements but the courts are taking a dim view of them. “The tenants said ousting the duty to consult boiled down to an application to enter into any kind of agreement with contractors for any kind of work at any […]