28 February 2019 Blog Reading between the lines – implied terms in commercial agreements The Supreme Court’s recent decision in Wells v Devani [2019] UKSC 4, 2019 WL 00570778 is not specifically about construction law, but is nevertheless worthy of attention... Share this article Bookmark this page 3 min read
27 February 2019 Blog The slip rule and consequential corrections The slip rule in adjudications is well established. Indeed, it has been enshrined in statute through section 108(3A) of the Construction Act 1996 (as amended) and paragraph 22A of the Scheme for Construction Contracts 1998 (as amended) (“the Scheme”)... Share this article Bookmark this page 3 min read
15 February 2019 Blog Managing Service Delivery: Monitoring performance and the Service Level Agreement (SLA) Service contracts Managing Service Delivery: Monitoring performance and the Service Level Agreement (SLA) Service contracts, such as hard facilities management agreements, often include: a service specification, a service level agreement and a performance management regime... Share this article Bookmark this page 3 min read
6 February 2019 Blog Clancy Docwra v E.ON: spend time on your technical documents Lawyers often gloss over technical construction documents: ‘too techie for us’, they say... Share this article Bookmark this page 2 min read
23 January 2019 Blog The Disclosure Pilot now in force The Disclosure Pilot (“DP”) commenced on 1 January 2019 in the Business and Property Courts and will run for a period of two years... Share this article Bookmark this page 4 min read
11 January 2019 Blog You can if I can: The principal of Equivalent Project Relief On projects using a special purpose vehicle (“SPV”), the SPV is keen to ensure that it does not face claims or obligations that it cannot, in turn, seek from the contracting authority (“Authority”)... Share this article Bookmark this page 3 min read
3 January 2019 Blog Enforceability of Liquidated Damages Provisions Following Stuart Thompson’s recent blog about GPP Big Field LLP v Solar EPC Solutions SL (“GPP”) and in particular whether liquidated damages continue to accrue following termination up to completion, we look at the decision made on whether or not the liquidated damages provisions were enforceable... Share this article Bookmark this page 3 min read
19 December 2018 Blog Payment Notices and Pay Less Notices – calculating time Christmas 2018 When calculating time in England and Wales under the Housing Grants Construction and Regeneration Act (as amended) (“the Act”) this Christmas... Share this article Bookmark this page 1 min read
28 November 2018 Blog Hoffmann against Sumption: the rumble in the judicial jungle Estates Gazette has recently published my article on a public falling-out between two of our greatest judges on the most important contract law question of them all... Share this article Bookmark this page 1 min read
26 November 2018 Blog Do Liquidated Damages accrue post-termination? Do liquidated damages continue to accrue after a construction contract has been terminated?.. Share this article Bookmark this page 2 min read
22 November 2018 Blog Liquidated damages – notice requirements under JCT One of the points that arose in the case of Grove Developments Limited v S& T (UK) Limited which has been rather overshadowed, is a consideration of the notice requirements under JCT before Liquidated Damages can be levied... Share this article Bookmark this page 2 min read
21 November 2018 Blog MF/1 on Liquidated Damages MF/1 is an odd contract, especially concerning liquidated damages (“LDs”). In contrast to most other construction industry-standard forms, LDs are expressed as a percentage of the contract value rather than a fixed amount per day or per week... Share this article Bookmark this page 2 min read