Blog archive

Case law holds that when it comes to an adjudicator's decision, you have to pay first and argue for any set-off or withholding afterwards, otherwise you could be hit with your opponent's legal costs...

A point that cropped up in one of our recent seminars was to do with the termination provisions under the JCT Standard Building Contract JCT 2011...

I was recently reminded of the notice requirements under JCT 2011 (both traditional and design and build) in order for an employer to withhold or deduct liquidated damages...

Civil liability for breaches of the Construction (Design & Management) Regulations 2007 (“CDM Regulations”) has been abolished as of 1 October 2013...

The recent Scottish case of SGL Carbon Fibres Ltd v RBG Ltd  has reiterated the established principle of “he who avers must prove”...

Shakespeare famously asserted: “That which we call a rose by any other name would smell as sweet”, but in contract law establishing the identity of the parties is essential – otherwise the contract may be void for uncertainty....

BIM4Regs is a government initiative that aims to incorporate Building Regulations, planning and health and safety requirements into BIM models.

The retention of a proportion of the contractor's fee is common practice in construction contracts...

A striking feature of construction dispute resolution is the frequency of disputes between contracting parties concerning the lawfulness or otherwise of set-offs, counter-claims, cross-claims, withholdings and non-payments of sums claimed as due and owing...

An interesting court decision last month focussed on whether or not a defendant couple could be considered as being 'property developers' and therefore fall under the ambit of the Defective Premises Act 1972 ("the Act")... 

The judgment in the case of Westfields Construction Ltd v Lewis  ([2013] EWHC 376) has raised questions over the utility of section 106 of the Housing Grants, Construction and Regeneration Act 1996 ("the Act")...

The Technology and Construction Court has recently commented on the costs the Employer is required to pay under a target cost contract...