Construction Blog

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

Archive for July, 2010

July 2010 digest: ODA, BSF and third party rights

Wednesday, July 28th, 2010

In the words of Henry James:

“Summer afternoon, summer afternoon; to me those have always been the two most beautiful words in the English language.”

This time last year, all the talk was about who would win the Ashes (we did); last month the focus was on the World Cup (Spain won); and now it seems that attention has (finally) turned to the London 2012 Olympic Games, which start in just two years time. So far, it is a good news story, with the ODA’s latest report indicating that construction remains ahead of schedule. (more…)

Collateral warranties, a standstill agreement and a concurrent tort claim

Wednesday, July 28th, 2010

One multi-party (and multi-action) Technology and Construction Court (TCC) claim involving Linklaters, Sir Robert McAlpine and others is under scrutiny by commentators at the moment. While it is important to remember that the latest installment, like the previous one, is still at the pre-trial (interlocutory) stage, what can we learn from How Engineering v Southern Insulation? (more…)

Ask the team: my tender has been accepted, but now I realise I got it wrong…

Monday, July 26th, 2010

…what should I do?

Unfortunately, if you have simply entered into a bad bargain, the law does not automatically step in to help you.  However, all may not be lost… (more…)

What’s happening with construction disputes?

Wednesday, July 21st, 2010

Last month we asked for feedback on current trends in construction dispute resolution. We reviewed your comments and combined them with our own thoughts and observations. (more…)

Building schools in the future: bid costs and cancelled projects

Tuesday, July 13th, 2010

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

The government has announced that many Building Schools for the Future (BSF) projects have been cancelled. The work still needs to be done. It’s just that Building Schools for the Future has, for many, become “building schools in the future”.

(more…)

News from the TCC, summer 2010

Wednesday, July 7th, 2010

Lynne McCafferty, barrister, 4 Pump Court:

Ramsey J gave the keynote speech at the joint TeCSA/TECBAR conference on 28 June 2010, which was attended by around 80 solicitors and barristers. (more…)

January to June 2010, a half-year case review

Monday, July 5th, 2010

The first half of 2010 has seen a number of important decisions affecting construction and engineering practitioners. (more…)

Yuanda judgment to be appealed?

Friday, July 2nd, 2010

Adjudication practitioners sat up and took notice of one judgment earlier this year: Edwards-Stuart J’s decision in Yuanda (UK) v WW Gear. (He held that a Tolent clause in the parties’ contract fettered a party’s right to refer a dispute to adjudication “at any time“, which conflicted with section 108 of the Construction Act 1996.) (more…)