The answer to our subscriber’s question depends on the precise circumstances. This blog post considers the situation on a commercial property development, where works are ongoing and collateral warranties have been provided to a landlord, funder or tenant. Read the rest of this entry »

When Coulson J came to prepare for the second edition of his book, Coulson on Construction Adjudication (Oxford University Press, 2011), he must have realised just how far the law on natural justice had moved forward in the three years since the first edition was published (in 2007). Instead of just one chapter, the second edition now contains three chapters on natural justice, dealing in turn with general principles, bias (actual and apparent) and the right to a fair hearing (including procedural issues, oral hearings and reasons). Read the rest of this entry »

From Walt Disney’s Bambi:

“Drip drip drop, little April shower, what can compare with your beautiful sound?

Beautiful sound, beautiful sound, drip, drop, drip, drop.”

The spring blossom is falling like snow because of the showers and winds that many of us are experiencing at the moment. It may be good news for gardeners and farmers, even if it not enough to bring an end to the drought. Read the rest of this entry »

Richard Sage, barrister, Crown Office Chambers:

A number of recent cases illustrate the exacting standard applied by the court to questions of competing-causes in fire claims.

Where, who and how

The most recent case is United Marine Aggregates Ltd v GM Welding & Engineering Ltd, which shows that working out where the fire started – or who started it – may not be enough. If you are to succeed in court, you also need to know how it started. Read the rest of this entry »

According to the Department for Business, Innovation and Skills (BIS), the UK construction industry consists of over 300,000 firms employing over two million people and it contributed 8.3% of the nation’s GVA (Gross Value Added) in 2008. Given its undoubted importance, who is in charge of this important part of our economy? Do we even need somebody at the helm? Read the rest of this entry »

Work to a privately owned residential property can range from a large, complex project to simple, cheap works. While the underlying issues are often similar to those on other construction projects, the forms of contract can be very different. Read the rest of this entry »

Michael Mendelblat, professional support lawyer, Herbert Smith LLP:

In advance of the amendments to the Construction Act 1996 coming into force in October 2011, the bodies that produce standard forms of contract issued amendments to cater for the Act’s amendments. Some were simply a matter of changed wording (for example, “withholding” changed to “pay less“) but some changes to the NEC and ICC standard forms give rise to some interesting drafting questions. Read the rest of this entry »

Algernon Charles Swinburne, Atalanta in Calydon:

“For winter’s rains and ruins are over, and all the season of snows and sins; … And in green underwood and cover, blossom by blossom the spring begins.”

March heralds the start of spring. It’s a month that is traditionally associated with the vernal equinox, the move to British summertime and the budget. While everyone welcomes the first signs of spring, less enthusiasm usually surrounds the loss of an hour’s sleep and the budget. This year was no different and while some commentators may have welcomed the government’s plans, those in construction were disappointed, with little to shout about. You can read all about it, including comment from leading practitioners, on PLC’s budget 2012 page. Read the rest of this entry »

Costs management is just one aspect of Jackson LJ’s extensive civil litigation costs reforms, which are expected to come into effect in 2013. As part of the roll-out of the reforms, Jackson LJ is giving a series of lectures, designed to “explain the reforms and the thinking behind them”. His latest, the thirteenth, focused on the role of IT in the reforms. Read the rest of this entry »

Almost everyone has heard of the considerate constractor schemes, but what are they, what areas do they cover and why do they matter? Read the rest of this entry »