Construction Blog

Legal news and opinion related to construction and engineering law and projects.

Archive for July, 2009

July 2009 digest: School holidays, cricket and Japanese knotweed

Friday, July 31st, 2009

Alice Cooper sang “School’s out for summer. Not only did July mark the start of the school holidays, it also marked the start of the summer vacation for the Royal Courts of Justice. Before the break, the Technology and Construction Court (TCC) had a variety of issues before it: (more…)

Do you want to stay?

Wednesday, July 29th, 2009

Elizabeth Repper, barrister and accredited mediator, Keating Chambers:

At the time of issuing proceedings, the parties may or may not have complied with the Pre-Action Protocol for Construction and Engineering Disputes (Protocol). Limitation issues, for example, may have prevented compliance. Alternatively, the parties may just not have entered into the spirit of the Protocol. (more…)

Ask the Team: What is the Joint Fire Code?

Tuesday, July 28th, 2009

We received a query from a subscriber asking what the Joint Fire Code was and whether we had more information on it. (more…)

UK Climate Projections 2009

Tuesday, July 21st, 2009

On 14 July 2009, PLC Construction attended a conference entitled “What does climate change mean for construction?”, organised by the Construction Industry Research and Information Association (CIRIA) and sponsored by Defra.

At the conference a representative from UK Climate Impacts Programme (UKCIP) introduced UK Climate Projections 2009 (UKCP09), its latest climate predictions for the UK during the 21st century. (more…)

No withholding notice – no chance?

Monday, July 20th, 2009

James Levy, joint head of construction and engineering, Lewis Silkin LLP:

We have continuously been told that if you fail to issue a valid withholding notice, you have to pay the sum which is due and you have lost your right to set-off and generally argue anything to the contrary.

That is certainly true in cases concerning interim certificates and adjudication (where the adjudicator’s decision is only temporarily binding), but is it always the case?  Is the answer so black and white?  Certainly, having read Mr Justice Coulson’s recent judgment in Fitzroy Robinson Ltd v Mentmore Towers Ltd, I think there are some shades of grey. (more…)

Consultation on business rescue procedures

Monday, July 13th, 2009

Insolvent rubber stampWith the country in the midst of the worse economic decline for decades, insolvency is often in the headlines. The construction industry has seen more than its fair share of insolvencies, with a number of high profile companies falling victim to the recession. We have seen some big names disappear (David McLean, Mann Construction, Pettifer Construction to name but a few). Most recently, Ashford Construction and William Verry both went into administration. Experts predict that, as with the recession in the 1990s, things will get worse before they get better, as the country comes out of recession. (more…)

JCT building contract and consultancy agreement for home owner/occupier

Tuesday, July 7th, 2009

Jane Hughes, partner, Collyer Bristow LLP:

You would be amazed by the number of cases I come across where otherwise sane and rational people agree to employ a builder to carry out major and expensive works to their home on the basis of little or no formal record of:

  • What is to be done.
  • Who is to do it.
  • How much it will all cost.
  • Who is to be responsible for what. (more…)

ODA reports early Olympic successes

Tuesday, July 7th, 2009

In July 2008, the Olympic Delivery Authority (ODA) committed itself to achieving ten key milestones by 27 July 2009. (The Olympics will start on 27 July 2012.) According to its recent publication, the ODA has achieved all ten milestones ahead of schedule. (more…)

Defective work in construction projects

Wednesday, July 1st, 2009

PLC Construction reports:

We recently attended a seminar at Pinsent Masons’ offices, presented by Sam Boyling and James Clarke. The topic was defective work; something that is all too familiar to those involved in the construction industry. Defects can range from de minimis items often included in a snagging list at practical completion (PC), to undetected problems, such as issues with the design of foundations, which may compromise the structural integrity of a building. (more…)