16 February 2017 Blog Contractors’ liability in tort for independent sub-contractors The TCC's decision in Wilmott Dixon Construction Ltd -v- Robert West Consulting Ltd [2016] EWHC 3291 (TCC) reminds us that the Courts will only depart from the general rule, that a contractor is not liable for the negligence of (or other torts committed by) its independent sub-contractors, in exceptional circumstances... Share this article Bookmark this page 2 min read
24 January 2017 Blog No right to cash without deed of novation? A common issue crossed my desk this month: a dispute had arisen on a typical design and build project where the employer was looking to recover costs from its D&B contractor... Share this article Bookmark this page 2 min read
12 January 2017 Blog New ACE Professional Services Agreement A new ACE Professional Services Agreement has been published... Share this article Bookmark this page 1 min read
8 December 2016 Blog Reflections on JCT 2016 As Christmas creeps up on us I hope you will find a few thoughts on the new JCT 2016 contracts helpful... Share this article Bookmark this page 2 min read
2 December 2016 Blog JCT Intermediate Building Contract 2016 The new JCT Intermediate Building Contract 2016 is available for pre-order now (to be despatched on 7 December 2016)! ... Share this article Bookmark this page 1 min read
24 November 2016 Blog Black cabs in the bus lane – does this involve State aid? In Eventech (C-518/13) the Court of Justice of the EU (CJEU) was asked the rather intriguing question: does the practice of permitting London black cabs to use bus lanes whilst prohibiting private hire vehicles (PHVs) from doing so appear to involve the granting of State aid?... Share this article Bookmark this page 3 min read
7 November 2016 Blog Final account valuation can be the subject of a second adjudication Section 111 of the Housing Grants, Construction and Regeneration Act 1996 (as amended) (“HGCRA”) provides that where a payer fails to issue a payment notice the sum applied for by the payee becomes the ‘notified sum’... Share this article Bookmark this page 3 min read
16 October 2016 Blog Public construction contracts: Guidance on payment terms Question: Contracting authorities are required under Regulation 113 of the Public Contracts Regulations 2015 (“PCR”) to make payments within 30 days of an invoice being regarded as “valid and undisputed” – but when exactly does this 30 day window begin... Share this article Bookmark this page 2 min read
15 September 2016 Blog Do you need to think about public procurement when settling a commercial dispute? Yes, apparently you do! The ECJ has just handed down a preliminary ruling on request of the Danish Supreme Court in Finn Frogne A/S v Rigspolitiet ved Center for Beredskabskommunikation Case C-549/14... Share this article Bookmark this page 5 min read
11 September 2016 Blog JCT Design and Build 2016 JCT has announced that the JCT Design and Build 2016 form of contract will be despatched to those that have pre-ordered, on 22 September 2016... Share this article Bookmark this page 1 min read
22 June 2016 Blog New JCT Minor Works Contracts Last week the first of the 2016 crop of new JCT Contracts landed on our desks... Share this article Bookmark this page 1 min read
19 June 2016 Blog Roll up roll up – The issue with ‘global claims’ Rather than separately particularising each breach of contract and the loss claimed as a result, contractors often present rolled up ‘global claims’ for the composite loss that they have incurred as a result of various breaches of contract... Share this article Bookmark this page 2 min read