We are currently seeing a flurry of cases in which the parties fail to conclude a written construction contract. Normally, the courts will endeavour to find a contract where the parties have agreed most of the pertinent terms. However, in this case there was a sting in the tail. Although every version of the contract […]
What is the “appropriate deduction” for defects remedied by an alternative contractor? What is the “appropriate deduction” to be made from the final account for defects arising during the defects liability period which are rectified by another contractor under standard form JCT wording? The answer: “whatever is reasonable in all the circumstances”. In a recent […]
Kennedy v Cordia Services LLP: background Ms Kennedy was employed by Cordia Services to make home visits to clients to provide personal care. While visiting a client, she slipped and fell on snow and ice on a public footpath, injuring her wrist. The original judge, relying on expert evidence, found Cordia liable for her injury […]
In Ted Baker v AXA [2017] EWCA Civ 4097 the Court of Appeal has for the first time considered the issue of whether and in what circumstances an insurer might be under a duty to speak during the claims process, ie is required to make its position plain in order to avoid being estopped from […]
Carillion Construction Ltd v Woods Bagot Europe Ltd & Ors [2016] EWHC 905 (TCC) This was a delay dispute concerning the construction of the Rolls Building in which the main contractor (“Carillion”) claimed liquidated damages levied under the main contract by the developer (“Rolls”) from a number of Mechanical and Engineering sub-contractors (“EMCOR” and “AECOM”), […]
A recent TCC decision has adopted a robust approach to the conclusivity provisions of the JCT Standard Building Contract in relation to Final Certificates. The decision confirms the need to commence proceedings to challenge a Final Certificate within 28 days and rules out the ability of parties to commence any supplementary or additional proceedings after […]
Commercial pressure exists wherever one party to a commercial transaction is in a stronger bargaining position than the other party and claims for economic duress are relatively rare. In most cases, a party faced with a ‘take it or leave it’ attitude, or an unwarranted, unreasonable demand for an increase in the contract sum, can […]
The TCC held in BDW Trading Limited v Integral Geotechnique (Wales) Limited that a geotechnical engineer did not owe a duty of care to a purchaser of a development site where the report had been prepared for the seller of the development site, shown to the purchaser as part of the tender package, but no […]
LET THE SUPPLIER BEWARE You may have taken every precaution to make sure a contract is watertight but a consumer can claim a term isn’t fair if it puts them at a significant disadvantage. “In dealing with hard-headed contractors, the consumer is likely not to understand the legal effect of crafty smallprint. In adjudication they […]
A recent case highlights the complexities of the subcontractor relationship compared to that of employer and main contractor, in terms of extensions of time and delays James Bessey The recent decision in Carillion vs Emcor and Aecom rather serves to emphasise the peculiar differences and complexities of the subcontractor relationship compared to that of employer […]
DISPROPORTIONATE LEGAL COSTS Mott MacDonald vs Multiplex is a game of two halves – first there’s the disputing, then there’s coughing up the legal costs. Alas, these are so high, neither wants to call it a draw What is all this money being spent on? Multiplex’s pre-action protocol costs came to £8.5m. That device is […]
Catherine Mathews of Stephens Scown has published the following informative article on the above issue. It is a well established legal principle that pure economic loss is not usually recoverable in a negligence claim. However, that rule is subject to limited exceptions where a party has assumed responsibility towards the claimant or there is a […]