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 February, 2011

Are D&B contractors liable for tortious economic loss following Robinson v Jones?

Wednesday, February 16th, 2011

Paul Flook, associate director, Berwin Leighton Paisner:

The Court of Appeal’s recent decision in Robinson v Jones considered the extent of a contractor’s duty of care in tort not to cause economic loss. Specifically, it considered the extent, if any, to which the making of a contract in itself gives rise to an assumption of responsibility (in the Hedley Byrne v Heller sense) that justifies imposing a tortious liability for economic loss.

In short, the court decided that a “simple” building contract does not in itself give rise to the requisite assumption of liability, but that the same does not apply to professional appointments. However, the court did not express a view as to which side of the line design and build contracts fall, and I thought this was one of the most interesting aspects of this case. (more…)

Does the royal wedding bank holiday entitle a contractor to an extension of time?

Wednesday, February 2nd, 2011

Iain Suttie, associate, Berwin Leighton Paisner:

A client recently raised this question in the context of a project using theĀ NEC3 ECC. It throws up a number of issues including whether the bank holiday:

  • Is a change in law.
  • Is a Compensation Event under clause 60.1(19).
  • Entitles employees to an additional days holiday.

(more…)