Tuesday 10 January 2012
Changes, in accordance with Part 8, Construction Contracts of the Local Democracy, Economic Development and Construction Act 2009, to the Housing Grants, Construction and Regeneration Act 1996 (the Construction Act) came into force for England and Wales on 1st October 2011 and for Scotland on 1st November 2011. The changes will apply to construction contracts entered into on or after these dates.
Monday 10 October 2011
In accordance with section 108 of the Housing Grants, Construction and Regeneration Act 1996 (the Act) a construction contract shall enable a party to refer a dispute to adjudication.
Monday 30 May 2011
Sharp practice is common in the construction industry, and one prevalent area is that of unilateral mistake where, for example, a party seeks to take advantage of a mistake made by the other party, perhaps in a quotation or tender.
This article examines the doctrine of unilateral mistake and rectification by analysing the facts and judgment in the recent case of Traditional Structures Limited (TSL) v H W Construction Limited (HWC) .
Tuesday 23 November 2010
Should we use a letter of intent?
Monday 25 October 2010
Finishing on time and what happens if the contractor does not, is very frequently a point of contention in building contracts
Monday 27 September 2010
When a dispute arises one of the issues that usually has to be established is whether there is a contract, and if so, what are the terms?
Monday 23 August 2010
Like it or not, construction companies face a great deal more challenges in the issue of fraud than other types of companies do.
Monday 26 July 2010
The reaction of many contractors when faced with non-payment is to consider suspending work on site.
Monday 28 June 2010
The Scottish Appeal Court decision in City Inn Ltd v Shepherd Construction Ltd is a landmark decision in construction law.
Monday 24 May 2010
Appointing the correct adjudicator can be tricky if you don’t get the contract drafting right
Thursday 22 October 2009
Withheld payments are a bugbear for contractors.
Thursday 8 October 2009
SUPPLY-ONLY contracts are not uncommon in the building industry where contractors will purchase goods through a supplier.
Thursday 17 September 2009
When is a dispute not a dispute? We look at the intricacies of adjudication
Monday 10 August 2009
What powers do employers have to omit work for bad performance?
Friday 15 May 2009
Make sure you have a formal written agreement before you start on site.
Wednesday 29 April 2009
Beware letters of intent for they are the work of the devil’s pen
Monday 6 April 2009
Be careful before you invoke suspension rights on a contract.
Friday 20 February 2009
Liability clauses can be useful tools for limiting financial risk but make sure they stand up.
Wednesday 26 November 2008
Tendering for building work can be a time-consuming and costly business, particularly if you are unsuccessful, because the opportunity to recover such costs is lost.
Monday 6 October 2008
Bespoke amendments are often made to standard form contracts, attempting to limit a partys’ risk and liability, usually at the expense of the other party.
Friday 12 September 2008
Negotiation is the fundamental form of dispute resolution, but talking about how to resolve differences can often seem low on a party’s agenda.
Wednesday 30 July 2008
Imagine you are a contractor and you have entered into contract with a client. During the course of the works you carry out additional work, following instructions from the client.
Wednesday 16 July 2008
When commercial pressures to start work override legal concerns of the contract, it’s like saying, ‘Let’s hope for the best’ – an approach adopted by Mast Electrical Services and Kendall Cross Holdings
Wednesday 2 July 2008
Most contracts contain provisions for extending the date for completion of the works if delay occurs. Such provisions normally set out procedures that must be complied with in order to be entitled to an extension of time
Tuesday 6 May 2008
One of the most important provisions in building contracts is the extension of time provision. This allows a contractor to claim a time extension in which to complete the works if delay occurs.
Tuesday 12 February 2008
Contractual liability isn’t always as clear-cut as it might seem.
Friday 8 February 2008
If you reduce the amount of work that the sub-contractor has to perform, can you make a saving? Not if you have an invariable fixed price contract.
Monday 4 February 2008
For many companies a building project can be one of the most serious financial transactions entered into. The formation of a legally binding and enforceable contract between the parties should be a prerequisite to the commencement of any project.
