Blog archive

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...

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...

The ability to terminate is a strongly negotiated issue in project finance deals as the special purpose vehicle (SPV) will want to be able to terminate the contractor easily whilst preventing themselves being terminated to ensure the project can reach practical completion by the target date...

The ban, according to the Ministry of Housing, will be delivered through changes to building regulations (‘the Regulations’) and will limit materials available to products achieving a European classification of Class A1 or A2. It is expected that these changes will be brought forward in late autumn...

A Court has recently held that whilst the usual approach is diminution in value, there are circumstances which justify awarding repair costs in order to recompense the claimants...

The Government announced yesterday that it will be changing building regulations to ban the use of combustible materials on external walls of high rise buildings...

Following the tragic events at Grenfell Tower last year, the Government commissioned an ‘Independent Review of Building Regulations and Fire Safety’ by Dame Judith Hackitt...

A defendant contractor has successfully struck out a claim brought against it under a collateral warranty on the basis that the collateral warranty was found to apply retrospectively...

The changes contained in the NEC4 ECC are not as clear as I would have liked, and in some respects the new edition rather muddies the proverbial construction waters...

In light of recent high-profile events of contractor insolvency, it is worth setting out the provisions and requirements that an employer should consider including in its construction contracts to ensure that it is properly protected in the event that its main contractor becomes insolvent prior to practical completion...

This year we are hosting a series of events exploring what’s in store for the construction industry...

In a judgement which is likely to be of interest to many in the construction industry, the Technology and Construction Court has recently held that a company in liquidation cannot refer a dispute to adjudication where there are claims by a company in liquidation and cross claims by the other party...