Articles Archive

You can't fire me because I quit!

This article focuses on the situation whereby an Employer wishes to get rid of a Contractor, or for a Contractor to get rid of a Subcontractor.

Author / Commentator: Guest Author, Mike Nelson - Date: 30/09/2010

Collateral Warrenties - Some Practical Guidance

This article focuses on the use of Collateral Warrenties within the Construction Industry.

Author / Commentator: Guest Author, Jaz Bilkhu - Date: 30/09/2010

Adjudication costs and insignificant percentage of interest provisions void: Sub-contractor 2 - 0 Contractor

This article focuses on Ajudication costs.

Author / Commentator: Scott Milner - Date: 30/09/2010 - To contact Click Here

Implied obligations in construction contracts

This article focuses on construction contracts and the implied obligations within the contracts

Author / Commentator: Guest Author: Jaz Bilkhu - Date: 30/09/2010

Beware of the condition precedent clause

This article focuses on the case of WW Gear Construction Limited v McGee Group Limited [2010] EWHC 1460 TCC

Author / Commentator: Guest Author: Jaz Bilkhu - Date: 30/09/2010

Provision of welfare facilities during construction work

This article focuses on welfare facilities during construction work

Author / Commentator: Guest Author: Paul Grey - Date: 30/09/2010

Arbitration, Irrationality and Errors of Law

This article focuses on the case of Sui Southern Gas Co. Ltd. v Habibullah Coastal Power Co (Pte) Ltd [2010] SGHC 62

Author / Commentator: Robert Shawyer - Date: 30/09/2010

Adjudicator's jurisdiction to consider matters first raised in Adjudication response

Author / Commentator: Trainee Solicitor, Scott Milner - Date: 30/08/2010 - To contact Click Here

Application of liquidated damages following termination

This article focuses on the case of Ms Selby Hall & Mr Philip Shivers v Mr Jan Van Der Heiden Nr 2 [2010]

Author / Commentator: Guest Author: Jaz Bilkhu - Date: 30/06/2010

Court Rules on Effect of Final Account Agreement

YJL claimed payment of £136,395.60 as being due under a Final Account Agreement made with the defendant in December 2008.

Author / Commentator: Sarah Shemmings - Date: 31/12/2009 - To contact Click Here

More on Final Account Agreements

This case is a reminder of the status of a final account agreement.

Author / Commentator: Sarah Shemmings - Date: 31/12/2009 - To contact Click Here

Hirer not liable for plant driver's injuries suffered whilst using plant

Author / Commentator: Case Report by Ann Glacki - Date: 30/12/2009

Party's unreasonable behaviour in not honouring Adjudication award stifles claim

The defendants applied to have the proceedings against it stayed because of the claimants' failure to comply with the provisions of the Technology and Construction Court Pre-Action Protocol. The claimants were companies registered in Jersey.

Author / Commentator: Sarah Shemmings - Date: 29/12/2009 - To contact Click Here

Allegations of fraud no defence to enforcement of Adjudicators decision

Despite allegations of fraud the defendants failed in their opposition to the enforcement proceedings because the Judge found that no credible evidence had been provided.

Author / Commentator: Sarah Shemmings - Date: 30/11/2009 - To contact Click Here

Call on guarantees not fraudulent

ENKA is a Turkish contractor which entered into a contract with a Russian company, for the design and construction of an office and retail building in Moscow. ENKA subcontracted the design and installation of the external façade to Frener & Reifer Russia (F&R), .

Author / Commentator: Richard Silver - Date: 30/11/2009 - To contact Click Here

Enforcement of an Adjudicator's Decision: YCMS Limited -v- Grabiner & another [2009 EWHC 127 (TCC)

Amendments of a Decision by the Adjudicator under the "slip rule" and off-setting the Award

Author / Commentator: Sarah Shemmings - Date: 01/02/2009 - To contact Click Here

Commercial Buildings - Energy Performance Certificates

As from 6 April 2008 the requirement for an Energy Performance Certificate (EPC) is extended to commercial buildings over 500sq metres in size. Buildings under 500sq metres will be required to produce an EPC after 1 October 2008.

Author / Commentator: Sarah Shemmings - Date: 01/03/2008

All Change on 6th April 2008

Not only is 6 April 2008 the start of a new tax year, but it is also the date upon which many new regulations commence. The Government uses two dates each year - 6 April & 1 October - as common commencement dates for regulations. This article outlines a few of the changes about happen.

Author / Commentator: Sarah Shemmings - Date: 01/03/2008 - To contact Click Here

Enforcement of an Adjudicator's Decision

The claim related to the enforcement of a decision given by the adjudicator following an adjudication run on behalf of Harris Calnan by their consultants Alway Associates (London) Limited. This practice, Silver Shemmings acted for Harris Calnan in respect of the enforcement proceedings.

Author / Commentator: Sarah Shemmings - Date: 01/02/2008 - To contact Click Here

Escrow Accounts - Are They Worth it?

One way of achieving security is to agree with the employer that funds should be paid into an Escrow account.

Author / Commentator: Sarah Shemmings - Date: 01/02/2008

Cartels and Competition

This article considers the definition of a cartel and setting out some guidance on risk management and how to minimize the risk of investigation.

Author / Commentator: Sarah Shemmings - Date: 01/10/2007 - To contact Click Here

Ways to obtain payment after an Adjudicator's award

Article reviewing ways to obtain payment following an Adjudicator's award; includes enforcement through the Courts; statutory demands and winding up proceedings; negotiation and mediation.

Author / Commentator: Sarah Shemmings - Date: 01/08/2007

Are you owed money?

The Late Payment of Commercial Debts (Interest) Act 1998 has been fully in force since August 2002. Despite this it is not used on a regular basis. This article highlights some of the key issues.

Author / Commentator: Sarah Shemmings - Date: 21/05/2007 - To contact Click Here

Abatement, set-off and counterclaim - what's the difference?

The difference between abatement, set-off and counterclaim is all too often misunderstood. This article reviews the diferences in the light of Multiplex Construction (UK) Ltd v Cleveland Bridge UK Ltd [2006] EWCA Civ 1834.

Author / Commentator: Sarah Shemmings - Date: 21/05/2007 - To contact Click Here

Pre Action Protocol for Construction and Engineering Disputes

A new Pre Action Protocol for construction and engineering disputes comes into force on 6th April 2007.

Author / Commentator: Sarah Shemmings - Date: 01/05/2007

Court rules - changes to Part 36 Offers to settle

As of 6th April 2007 the rules relating to offers to settle under CPR Part 36 change

Author / Commentator: Sarah Shemmings - Date: 01/04/2007 - To contact Click Here

Without Prejudice Joint Experts' Statement - CPR35

A recent case in the Court of Appeal , Aird v Prime Meridian Limited dealt with the question as to whether an experts' joint statement which a court ordered should be prepared and used in a mediation between the parties could be then used in the subsequent court proceedings

Author / Commentator: Sarah Shemmings - Date: 01/04/2007

Enforcement of an Adjudicator's Award by way of Summary Judgement; use of expert's reports

This article reviews the case of Kier Regional Limited (t/a Wallis) v. City & General (Holborn) Limited [2006] EWHC 848 (TCC).

Author / Commentator: Richard Silver - Date: 01/05/2006 - To contact Click Here

Are bank charges a penalty at law and unenforceable?

This paper considers bank charges refering to a charge levied by a bank against the account holder (the customer) for breaching the agreed overdraft limit, or for becoming overdrawn where no overdraft facility has been agreed at all.

Author / Commentator: Sarah Shemmings - Date: 31/01/2006 - To contact Click Here

Health & Safety (Offences) Act 2008

The Health & Safety (Offences) Act 2008 came into force on 16 January 2009. The purpose of the Act is to provide greater penalties for various health & safety offences.

Author / Commentator: Sarah Shemmings - Date: 02/01/2006

Getting Paid

No one can be unaware of the doom and gloom of economic news that is appearing on a daily basis. Contractors and house builders are having a difficult time especially with the problems in the mortgage market.

Author / Commentator: Sarah Shemmings - Date: 02/01/2006

Developers liable for the costs of cleaning up contaminated land

The case of Circular Facilities (London) Ltd V. Sevenoaks District Council. Property developers held liable for the cost of clean up following the discovery of methane on a site they developed.

Author / Commentator: Sarah Shemmings - Date: 01/06/2005 - To contact Click Here

Always follow the terms of the Contract

This article reviews the entitlement for additional works and what constitutes penalty clauses for liquidated damages in the light of the case "North Sea Ventilation Ltd v. Consafe Engineering (UK) Ltd" TCC 20th july 2004.

Author / Commentator: Richard Silver - Date: 01/03/2005 - To contact Click Here

Claiming from Insurers under a Policy of Insurance

This article looks at the case of Lumbermans Mutual Casualty Company v. Bovis Lend Lease Limited" KBD 5th October 2004.

Author / Commentator: Sarah Shemmings - Date: 01/03/2005 - To contact Click Here

Change of Name - Do you know who you are dealing with?

Commentary on "Rossco Civil Engineering Limited v Welsh Water Limited" Technology & Construction Court 15th July 2004 highlighting the importance of properly identifying the parties to an adjudication.

Author / Commentator: Richard Silver - Date: 01/02/2005 - To contact Click Here

To be, or not to be [a contract] that is the question?

Letters of Intent and the consumer in construction claims. "Westminster Building Company Ltd v. Andrew Beckingham" TCC 20th February 2004. "Harvey Shopfitters Ltd v. ADI Ltd" [2004] 2 ALL ER 982.

Provisions for adjudication when one party is a consumer

Commentary on "Westminster Building Company v Andrew Beckingham" Technology & Construction Court 20th February 2004. In this case the court provided guidance as to the matters to be considered when determining the application of an adjudication clause in a contract when one party is a consumer.

Author / Commentator: Richard Silver

Practical Completion - What does it mean?

This article gives a definition of practical completion in a construction project.

The need to clearly define the Works within each Section when agreeing Sectional Completion of a contract

This article relates to a JCT Contract with Contractors' Design 1998 edition; sectional completion. The article centres around the case of Taylor Woodrow Holdings Limited and George Wimpey (Southern) Limited v Barnes & Elliott Limited [2004] EWHC 3319 (TCC). It illustrates the importance, when incorporating provisions for Sectional Completion, of defining works within each section.

Will you be my expert?

A review of the new Protocol for instruction of Experts in both civil Court cases and pre-action protocols.

Author / Commentator: Sarah Shemmings

New Guidelines on the Technology and Construction Court

New Guidelines on the Technology and Construction Court

Author / Commentator: Sarah Shemmings

ICE updates its condition of contracts

A summary of the key amendments by the ICE to its standard forms of contract in relation to he dispute resolution process.

Author / Commentator: Richard Silver

Fines for breaches of Health & Safety Regulations

Calculations of fines for Health & Safety offences; scrutiny of company accounts by the courts. Comments on "R v. ESB Hotels Limited" (2005) Court of Appeal.

Author / Commentator: Sarah Shemmings

Mezzanines - who needs them?

A look at the proposal to bring mezzanine floors within planning control.

Author / Commentator: Sarah Shemmings

The Date for Decision - Ritchie Brothers (PWC) Ltd v David Philip (Commercials) Ltd

The Scottish Court of Appeal has held that an Adjudicator, acting under a scheme adjudication must deliver his decision within 28 days from the date of referral if there has been no agreed extension of time.

Author / Commentator: Sarah Shemmings

New Issues or old? - Can an Adjudicator accept new information?

Can an adjudicator accept new information during an adjudication. This article reviews this question in the light of William Verry (Glazing Systems) v Furlong Homes Ltd.

Author / Commentator: Richard Silver

The Cost of Litigation

The cost of claiming against a householder for unpaid fees and who counterclaims for defective work. A review of Burchell v Bullard, Court of Appeal 8 April 2005.

Author / Commentator: Richard Silver

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