Construction Blog

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

Archive for June, 2010

June 2010 digest: emergency budget, multi-jurisdictional guide and the Scheme

Wednesday, June 30th, 2010

Freddie Mercury from Queen:

“And we have no such thing as a budget anymore. Our manager freaks when we show him the bill. We’re lavish to the bone.”

This month saw the government deliver its emergency budget. If only the country’s economics were as straightforward as being a rock star once was. (more…)

Exceeding the speed limit: time in adjudication

Tuesday, June 29th, 2010

Edward Davies, Hill Dickinson LLP (currently seconded to the Panama Canal Expansion Project):

In September last year, under the heading unreasonable skill and care, I looked at the dilemma facing professional people who need to strike a balance between giving advice in the timescale required and taking long enough to be as confident as they can be that the advice is correct. (more…)

Giving notice under a construction contract – difficulties for companies?

Wednesday, June 23rd, 2010

A recent Court of Appeal decision set many construction practitioners thinking about how the parties communicate and give notices to each other. In particular, when a statute or contract requires a company to give a notice or sign a document, do the execution rules of the Companies Acts always apply? (more…)

Ask the team: what building contract might I recommend to my high net worth client?

Wednesday, June 16th, 2010

If a high net worth individual wants to carry out work to their house, or even intends to build a new house, what form of building contract might you recommend for their works? (more…)

Low carbon domestic refurbishment

Monday, June 14th, 2010

We all know that we need to improve energy use in new houses and buildings, so why should we care about existing housing stock? On 10 June, the Construction Products Association (CPA) published An Introduction to Low Carbon Domestic Refurbishment, a guide that answers that question and might even provide some inspiration for the wider construction industry. (more…)

CABE proposes minimum design standard and deregulation for housing

Wednesday, June 9th, 2010

CABE (the Commission for Arcitecture and the Built Environment) has published Simpler and Better, a report which argues for the introduction of a minimum design standard for homes, combined with better, leaner regulation of new homes through (for example) the planning and building regulation systems. (more…)

Why is negligence so complex?

Tuesday, June 1st, 2010

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

Of the various areas of law that make up what is known as “construction law”, I think it is fair to say that negligence and whether a certain loss is recoverable is perhaps the most complex and one which, still today, many years after a snail was found in a bottle of ginger beer, gives rise to the most uncertainty.

That uncertainty concerns, amongst other things, the question of whether the damage caused is to “other property” (when the loss is normally recoverable) or to “the thing itself” (when the loss is not normally recoverable, as it constitutes economic loss). (more…)