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 August, 2011

Adjudicating an oral contract

Wednesday, August 31st, 2011

Paul Flook, associate director, Berwin Leighton Paisner:

From 1 October 2011, for the first time, parties will be entitled to refer disputes arising under wholly or partly oral contracts entered into after this date to adjudication.

We will have to wait and see whether this change produces an avalanche of new claims but, even if it doesn’t, clients, their advisers, adjudicators and the courts will be presented with a variety of new challenges as a consequence of the change in the law. (more…)

Is your building contract gathering dust?

Wednesday, August 17th, 2011

Hannah Peters, associate, Berwin Leighton Paisner:

So, after the tense negotiations, you have popped the champagne corks and finally have a building contract signed and completed. But now what? Do you let it become an attractive paperweight? Or is it going to be your Satnav – the tool that guides you through the construction process and helps you navigate any roadblocks along the way? (more…)

More change at the TCC: abolition of the Pre-Action Protocol?

Wednesday, August 3rd, 2011

Catherine Gelder, senior associate, Berwin Leighton Paisner:

With all aspects of court proceedings coming under scrutiny and reform to ensure they are cost effective, it is perhaps not surprising that the Technology and Construction Court (TCC) is looking at the Pre-Action Protocol for Construction and Engineering Disputes

Is it a waste of time and money, or does the upfront investment lead the parties to settlement?

The TCC has announced that it has a working party undertaking a review to find out.  (more…)