Case Updates

11
Sep
2018

Collateral warranty claim struck out in Swansea Stadium Management Company Ltd v City & County of Swansea [2018] EWHC 2192 (TCC)

On 15 August 2018 O’Farrell J struck out part of Swansea Stadium Management Company’s claim against Interserve Construction Ltd in their application for summary judgment. Juli Lau, an Associate and commercial contracts specialist and Alexandra Bellis, a Trainee Solicitor in our Disputes Resolution team, consider the implications for construction contractors from the partial summary judgment awarded by the Technology and Construction Court.

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15
Aug
2018

Can a lead consultant be responsible for works carried out by others? Midlothian Council v Bracewell Sterling Architects [2018] CSIH 21

Authors: Tola Odedoyin and Juli Lau This is a Scottish decision, which while not binding in England and Wales, provides insight into the interpretative approach the Court may take when faced with a similar situation in this jurisdiction. Post Views: 319

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24
May
2018

No Oral Modification at the Supreme Court: Rock Advertising Ltd v MWB Business Exchange Centres Ltd [2018] UKSC 24

Author: Juli Lau and Alexandra Bellis Following the appeal of the Rock Advertising Limited decision from the Court of Appeal in 2016, we analyse the judgment handed down on 16 May by the Supreme Court. This case is good news for employers and clients who are party to construction contracts – it provides protection against…

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16
May
2018

PPP contracts – how to avoid bringing long-term contracts from the boardroom into the courtroom

PPP contracts – how to avoid bringing long-term contracts from the boardroom into the courtroom The jury is once again out on whether PFI contracts are worth entering into or whether the government should put an end to such arrangements. This unfavourable attention comes hot on the heels of construction giant Carillion’s insolvency in January…

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10
May
2018

Changes to PAS 91:2013+A1:2017

Following the last update of PAS 91 in 2013, at the end of 2017, the British Standards Institute published the long-awaited amendment to the PAS 91 Prequalification Questionnaire used by many public sector construction clients.  The amendments have been made to ensure that PAS aligns with new legislation, in particular the Public Contracts Regulations 2015…

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13
Mar
2018

Ziggurat (Claremont Place) LLP v HCC International Insurance Company Plc [2017] EWHC 3286 (TCC)

This case serves as a reminder to all parties to a contract as to the nature of guarantee bonds and the importance of understanding the rationale for making amendments to standard forms. Post Views: 494

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29
Jan
2018

Royal Devon and Exeter NHS Foundation Trust v ATOS IT Services UK Ltd [2017] EWCA Civ 2196

Author: Justin Mendelle and Tola Odedoyin It is common for parties to a construction contract to apportion risk and limit liability by specifying the damages that one party will be obliged to pay to the other in the event of a breach.  However, it is by no means straightforward to always capture commercial intentions with precise…

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18
Jan
2018

GB Building Solutions Ltd (in administration) v SFS Fire Services Ltd (t/a Central Fire Protection) 2017 EWHC 1289

Author: Tola Odedoyin and Justin Mendelle We continue our look back at some of the more interesting or lesser reported cases from last year – in the spotlight this week, GB Building Solutions Limited (GB) v SFS Fire Services Limited (SFS). Post Views: 901

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15
Jan
2018

MT HØJGAARD A/S (Respondent) V E.ON Climate & Renewables UK Robin Rig East Limited and Another (Appellants) [2017] UKSC 59

As 2018 kicks off, we thought we’d take a look back over a few of the key decisions from last year – this is the first in our series. In MT Højgaard A/S v E.On Climate and Renewables UK Robin Rigg East Ltd and another [2017] UKSC 59, the Supreme Court, in a significant judgment for…

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15
Nov
2017

Muir Construction Ltd v Kapital Residential Ltd [2017] CSOH 132

Author: Tola Odedoyin and Edwina Acland  This is a Scottish case that considered what is required to satisfy the wording “the basis on which that sum is calculated” for pay less notices.  Simply stating the amount due was zero, but not adding any more information rendered the pay less notice invalid in this case. Post Views:…

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