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…
Continue readingRecent cases
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…
Continue readingZiggurat (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: 1,331
Continue readingRoyal 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…
Continue readingGB 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: 1,668
Continue readingMT 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…
Continue readingMuir 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:…
Continue readingRiva Properties Limited & Ors v Foster & Partners Limited [2017] EWHC 2574 (TCC)
Author: Amy Brown Background In 2007, Mr Dhanoa, operating through his four companies (the “Claimants”), engaged Fosters (the “Defendant”) as architects to design a luxury 5-star hotel at London Heathrow. According to Mr Dhanoa, he told Fosters that the scheme must be designed within a budget of £70 million. Just a few months later, costs consultants…
Continue readingRecovering the cost of adjudication
Authors: Justin Mendelle and Tola Odedoyin Update After the 2016 judgment in Lulu Construction Ltd (“Lulu”) v Mulalley & Co Ltd, the door on recovering costs in adjudication was ajar. The recent unreported case of Enviroflow Management Limited v Redhill Works (Nottingham) Limited may have closed it. Post Views: 1,012
Continue readingNorth Midland Building Limited v Cyden Homes Limited [2017] EWHC 2414 (TCC)
Authors: Juli Lau and Amy Brown Background Cyden Homes Limited (the “Defendant”) engaged North Midland Building Limited (the “Claimant”) to design and construct a large house (known as ‘South Farm’) plus outbuildings. The contract used was the JCT Design & Build Contract 2005 with bespoke amendments. The amendment at issue in this case concerned the extension of time…
Continue reading