Construction Blog

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

Archive for May, 2012

May 2012 digest: Queen’s Speech and bonds

Wednesday, May 30th, 2012

F. Scott Fitzgerald, The Great Gatsby:

“And so with the sunshine and the great bursts of leaves growing on the trees, just as things grow in fast movies, I had that familiar conviction that life was beginning over again with the summer.”

Summer has finally arrived and, after all the rain over the last couple of months, it is a welcome thing, not least because we have the double bank holiday just around the corner.

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Keep to your costs management budget

Tuesday, May 29th, 2012

Michael Mendelblat, professional support lawyer, Herbert Smith LLP:

The TCC’s pilot scheme on costs management (which is governed by Practice direction 51G) has now been in force for over six months. Rather surprisingly we have yet to see a judgment from that court relating to the workings of the pilot, although an interim report was produced by Nicholas Gould and others in February. This indicated mixed opinions of the pilot. It was recognised that the pilot had assisted with early attention to costs, but concern was expressed at the time it takes to comply with it.

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Clarifying when notices are served under the Party Wall Act 1996

Wednesday, May 23rd, 2012

David Nicholls, barrister, 11 Stone Buildings:

Earlier this week in Freetown v Assethold, the first appellate court decision clarifying when notices are deemed served under section 15 of the Party Wall etc. Act 1996 (PWA 1996) was handed down. The decision will affect any party in receipt of a party wall award who intends to appeal that award. (more…)

Ask the team: the building contractor has been replaced, do I need new sub-contractor and professional consultant collateral warranties?

Tuesday, May 8th, 2012

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. (more…)

Natural justice in adjudication in 2012

Wednesday, May 2nd, 2012

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). (more…)