Berwin Leighton Paisner Blog

The Berwin Leighton Paisner engineering, construction and procurement group give their views on current developments and share their practical experience.

Archive for September, 2009

A mere technicality?

Wednesday, September 30th, 2009

Paul Flook, associate director, Berwin Leighton Paisner:

The TCC takes a robust approach to enforcing adjudicators’ decisions and a dim view of parties “simply scrabbling around to find some argument, however tenuous, to resist payment” (Chadwick LJ, Carillion Construction Ltd v Devonport Royal Dockyard). However, a technical breach by one of the parties can result in the court declining to enforce an adjudicator’s decision. Often, the “technicality” is raised at a late stage and can sometimes appear to be the result of a “scrabbling around” exercise. (more…)

The Olympic Park: something to sing about in these otherwise depressed times

Tuesday, September 15th, 2009

Caroline Pope, partner, Berwin Leighton Paisner:

Last week, those participating in TeCSA’s┬átechnical training course, “Building Stadia: from the start to the finishing line!” were extremely fortunate to be given the opportunity to tour the Olympic Park. This included being taken into the bowl of stadium itself and driving up the 100 metre “track”! (more…)

The construction industry: a dangerous place to work?

Wednesday, September 2nd, 2009

Natalie Wardle, senior associate, Berwin Leighton Paisner:

The construction industry has an unenviable health and safety record. In the year to 31 March 2009, there were 53 construction site deaths. Although this number was lower than the previous year (when there were 72 deaths), the construction industry remains one of the most dangerous industries to work in.

(more…)