Working with JCT Minor Works & JCT IFC Contracts

20/02/12 - This course reviews the JCT Minor Works Building Contract 2011 and the setting up and administration of the Forms in practice.

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Articles

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No entitlement to damages for breach of land swap agreement, but ... failure to provide adequate alternative site was a breach

This Article focuses on making sure a contract is properly drafted and adequately reflects the parties' intentions.

Author / Commentator: Sarah Shemmigs, Partner - Date: 30/11/2011 - To contact Click Here

Coming of Age

''Coming of Age'' is an article on age discrimination written by Anthony Philpott, Consultant with Silver Shemmings LLP. This article has been published in the Solicitors Journal (SJ 155/40 25 October 2011)

Author / Commentator: Anthony Philpott, Consultant - Date: 01/11/2011 - To contact Click Here

*October 2011* Construction Act Amendments - Implications for Construction Contracts

October 1st 2011 saw the proposed changes to the Construction Act come into force. This is our review of the Construction Act and what implications these changes will have on construction contracts.

Author / Commentator: Nikola Evans, Consultant - Date: 03/10/2011 - To contact Click Here

An Age Old Problem

This Article by Anthony Philpott, Consultant, looks at the new anti-age discrimination legislation used to respond to the hitherto silent discrimination that has been felt by many older people in the workplace

Author / Commentator: Anthony Philpott, Consultant - Date: 18/07/2011 - To contact Click Here

Will the recent European Court of Justice ruling in the 'Nussbaumer' case cause any changes to CDM 2007?

This Article focuses on when the European Court of Justice questioned Member States on the implementation of the Council Directive 1992/57/EEC (the implementation of minimum safety and health requirements at temporary or mobile construction sites)

Author / Commentator: Paul Gray - Date: 31/03/2011 - To contact Click Here

The HSE & BCA (Building Control Alliance) Agreement

This Article focuses on the Health and Safety Executive Construction Division (HSE) and the Building Control Alliance (BCA) recently signed an agreement which establishes that they will work together in England and Wales to promote and encourage improved standards of health and safety.

Author / Commentator: Paul Gray - Date: 01/01/2011 - To contact Click Here

QUAKING IN THEIR BOOTS

This Article focuses on that an alleged threat of violence or one capable of causing another person to fear their own life or safety will not amount to repudiation of the Contract. Nor will it be sufficient to detract from the true cause of the dispute and breach of contract.

Author / Commentator: Scott Milner - Date: 12/12/2010 - To contact Click Here

North - Alleged Defect under NEC 3: Call off the search and save yourself (and your money)!

This Article highlights a recent matter when a Contractor did not initially allege a Defect existed in the Subcontract works or request the Subcontractor to look for one. On the contrary, the Contractor took it upon itself to search for a Defect in the Subcontractor's works.........

Author / Commentator: Scott Milner - Date: 11/11/2010 - To contact Click Here

Red, Amber and Green Lists for Design Associated with CDM 2007

This Article focuses on if you influence, dictate or make design decisions that will affect constructing, cleaning, maintaining, dismantling, demolishing or using as a workplace for a construction project then you will attract some designer duties under CDM 2007.

Author / Commentator: Paul Gray - Date: 01/11/2010 - To contact Click Here

Contractor's Duty to consult Union over Redundancies

When does the Employer get out of having to consult with the workforce?
Answer: very rarely

An Employment Tribunal had held that the appellant, Shanahan Engineering, had been in breach of its duty to consult trade union representatives when it proposed to make more than 20 redundancies

Author / Commentator: Anthony Philpott - Date: 14/05/2010 - To contact Click Here

Dead End

This article looks at the recent case of FoodCo. UK LLP (t/a Muffin Break), Caskade Caterers Limited (t/a KFC), Panesar
Enterprise Limited (t/a Burger King) and others v Henry Boot Developments Ltd., [2010] EWHC 358 (Ch)
and the issue of fraudulent misrepresentation.

Author / Commentator: Sarah Shemmings - Date: 30/04/2010 - To contact Click Here

POTENTIAL HSE REVIEW OF THE CDM REGULATIONS 2007

This article looks at the potential HSE review of the CDM Regulations 2007.

Author / Commentator: Paul Gray - Date: 29/04/2010 - To contact Click Here

It all makes Road Sense

What should a driving at work policy cover? This article looks at employers' duties under the Heath & Safety at Work etc Act 1974 where driving is a regular part of an employee's job.

Author / Commentator: Sarah Shemmings - Date: 22/04/2010 - To contact Click Here

New house, new code, no complaints?

The Code came into force on 1 April 2010 following a review of the house building industry. The purpose of the Code is to ensure that buyers are treated fairly and that they know what service levels to expect.

Author / Commentator: Sarah Shemmings - Date: 21/04/2010 - To contact Click Here

One Man's Meat is Another Man's Poison

A number of contractors invited to tender for a £320m waste disposal project in the UK.

Author / Commentator: Sarah Shemmings - Date: 21/04/2010 - To contact Click Here

YOU CAN'T WRIGGLE OUT OF IT .....

Companies registered in Jersey face adjudication proceedings for fees which allegedly were outstanding.

Author / Commentator: Sarah Shemmings - Date: 21/04/2010 - To contact Click Here

How do you stop an Adjudcation?

The Housing Grants, Construction and Regeneration Act 1996 ("the Act") gives a Party to a Contract that falls within the ambit of the Act a Statutory right, under s108 to refer a dispute to adjudication and under s108(2)(a) this can be at any time.

Author / Commentator: Sarah Shemmings - Date: 31/03/2010 - To contact Click Here

Is Negligence different from Breach of Statutory Duty - Liability for injury?

The question of liability for the injury to a plant operator was recently considered when Mr Jose, a mobile crane operator, claimed against MacSalvors (Plant Hire) Ltd (MPH).

Author / Commentator: Robert Shawyer - Date: 31/03/2010 - To contact Click Here

Say what you mean

This case is a useful reminder to those who draft contract amendments to standard forms of contract that they should always be kept under review to ensure that law changes are incorporated into those contracts.

Author / Commentator: Sarah Shemmings - Date: 31/03/2010 - To contact Click Here

Options C & D of the NEC - You have been warned

This short article is on the Engineering and Construction Contract, better known as the NEC, which is a popular form of contract. This form has six main Options two of which, Options C and D, are Target Contracts.

Author / Commentator: Richard Silver - Date: 31/03/2010 - To contact Click Here

Reflections on Adjudicators' Decisions

Adjudication by its very nature is an inherently "rough and ready" process, with errors being made by Adjudicators. Where such errors do occur sometimes the Adjudicator will agree to correct a slip in his Decision, sometimes he will not.

Author / Commentator: Richard Silver - Date: 31/03/2010 - To contact Click Here

Passing off - International Intellectual Property Rights

Commercial rights may sit with a party that has registered intellectual property rights. However if they have not they may rely upon the implied right of passing off since they own the goodwill (for example the 'brand name') and as be protected from 'rip-offs'.

Author / Commentator: Robert Shawyer - Date: 31/03/2010 - To contact Click Here

Adjudication, convenience and the word 'may' - refusing injunctions

To many the idea of stopping adjudication or rather seeking to prevent it is irrational. Why would parties not want to use what is usually a cheaper option than say Arbitration or Litigation? Well in the case of Ericsson AB v EADS Defence and Security Systems Ltd 22 October 2009 [

Author / Commentator: Robert Shawyer - Date: 31/03/2010 - To contact Click Here

Offer and Acceptance - a 'Balancing Act'

The need for precise wording of all agreements is important, including settlement of claims.

Author / Commentator: Richard Silver - Date: 31/03/2010 - To contact Click Here

Beware of the PFI Risks!

In the current economic climate the opportunity to undertake public sector infrastructure work provides many contractors with a welcome boost to their revenues. Although the availability of PFI work has slowed down, there is still plenty of opportunity for Contractors to get involved in ..

Author / Commentator: Matthew Dillon - Date: 31/03/2010 - To contact Click Here

Council liable under the Party Wall Act for the collapse of house

Crowley claimed a contribution under section 1(1) of the Civil Liability (Contribution) Act 1978 from the defendant council in connection with the settlement of the main action in which the council was the first defendant and Crowley the second.

Author / Commentator: Matthew Dillon - Date: 31/03/2010 - To contact Click Here

Court gives guidance on obtaining Judgment in default on Adjudication Enforcement Proceedings

Coventry Scaffolding (CS was successful in its adjudication against Lancsville and sought to enforce the award. The parties' dispute concerned the provision of scaffolding for works being undertaken at Peel House in London.

Author / Commentator: Richard Silver - Date: 31/03/2010 - To contact Click Here

Distributor failed to use 'Reasonable endeavours' to market and sell cladding products

CEP claimed damages for alleged breaches of an Exclusive Distributor Agreement (EDA) by which CEP was appointed as exclusive distributor for certain of Steni's products in the UK and Eire

Author / Commentator: Richard Silver - Date: 31/03/2010 - To contact Click Here

Abandoned or uncollected goods

Despite provisions requiring tenants to leave premises in a clean and clear state, it is not unusual that some goods or items are left behind as in the case of Robot Arenas Ltd v Waterfield & Others [2010]EWHC 115.

Author / Commentator: Sarah Shemmings - Date: 29/03/2010 - To contact Click Here

You can have smoke without fire - global claims

Adjudicator gives a sum of money for loss and expense on the basis of 'they must be entitled to something'. Why?

Author / Commentator: Robert Shawyer - Date: 03/03/2010 - To contact Click Here

Certainty of payment using a Project Bank Account Agreement - don't bank on it!

Project Bank Accounts have been adopted by the Office of Government Commerce to encourage transparent and fair payment practices in the construction industry. According to its guidance, this could save the construction industry £750 million.

Author / Commentator: Scott Milner - Date: 28/02/2010 - To contact Click Here

The Fit Note Regulations

The Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (amendment) Regulations 2010 come into force on 6 April 2010 to replace the current system of obtaining GP sick notes or medical certificates with that of GP "fit notes"

Author / Commentator: Anthony Philpott, Consultant - Date: 28/02/2010 - To contact Click Here

JCT Design and Build Contract 2005 - a clever trick

The JCT Design and Build Contract 2005 includes provisions for the Contractor to complete the design. The form works by the Employer producing a document setting out what he wants and which is known as the "Employer's Requirements".

Author / Commentator: Richard Silver - Date: 26/02/2010 - To contact Click Here

Settlement of flood damage has been reasonable

This article highlights how important it is to ensure that your contract reflects exactly what has been agreed between the parties concerned.

Author / Commentator: Sarah Shemmings - Date: 26/02/2010 - To contact Click Here

When the minutes of a preliminary meeting serve as evidence of the

In the recent case of Supablast (Nationwide) Limited -v-Story Rail Limited , Mr Justice Akenhead had to decide, in relation to an enforcement of an adjudicator's decision, whether one contract had come into existence.

Author / Commentator: Scott Milner - Date: 26/02/2010 - To contact Click Here

The game of resignation and constructive dismissal

Anthony Philpott our Football Association Registered Lawyer and Employment Lawyer reviews the
Kevin Keegan and Alan Curbishley football management cases

Author / Commentator: Anthony Philpott - Date: 31/01/2010 - To contact Click Here

Global claim struck out

The pursuers bought premises in Perth with a view to converting them into licensed premises. The works were to be in two phases.

Author / Commentator: Sarah Shemmings - Date: 31/01/2010 - To contact Click Here

Don't overlook the formalities

There are some key essential requirements of a valid contract, namely an intention to create a legal relationship between the parties, an offer and an acceptance, consideration, legal capacity, a valid legal subject and finally consent.

Author / Commentator: Guest Author, Jaz Bilkhu - Date: 31/01/2010

Builder can owe concurrent duty of care

The court considered the question of whether, in principle, a builder could owe a concurrent duty of care in tort and contract in respect of economic loss, or whether, there was a distinction between a builder and a professional person, such as an architect.

Author / Commentator: Sarah Shemmings - Date: 31/01/2010 - To contact Click Here

Banks turn the tables on credit card borrowers in test case

Credit card consumers can avoid paying their bills, by saying that their Consumer Credit Agreements entered into with lenders were unenforceable, is to be strictly limited.

Author / Commentator: Anthony Philpott - Date: 31/01/2010 - To contact Click Here

Incorporation of Arbitration Clause in a Sequence of Contracts

The recent case of Habas Sinai v Sometal Sal (Jan 2010) highlights how necessary it is to be clear on the terms incorporated into a contract.

Author / Commentator: Sarah Shemmings - Date: 29/01/2010 - To contact Click Here

Seeing the Wood for the Trees

The recent case of Fleming Builders Ltd v Mr & Mrs Forrest [2010] CSIH8 is a useful reminder on the rules of contract formation in relation to the parties involved.

Author / Commentator: Sarah Shemmings - Date: 29/01/2010 - To contact Click Here

Builder Can Owe Concurrent Duty of Care

In the recent case of Mr J A Robinson V P E Jones (Contractor) Ltd [2010] EWHC 102 (TCC) the judge reviewed the law relating to concurrent duties in contract and tort, especially with regard to economic loss.

Author / Commentator: Sarah Shemmings - Date: 29/01/2010 - To contact Click Here

Adjudicator's Mistake and Part 8 Proceedings

This article refers to the case of G Osborne Ltd v Atkins Rail Ltd [2009]EWHC 2425 (TCC) in which Silver Shemmings acted for one of the parties.

Author / Commentator: Sarah Shemmings - Date: 29/01/2010 - To contact Click Here

The game of resignation and constructive dismissal

Anthony Philpott our Football Association Registered Lawyer and Employment Lawyer reviews the
Kevin Keegan and Alan Curbishley football management cases.

Author / Commentator: Anthony Philpott - Date: 29/01/2010 - To contact Click Here

Many a Slip …..

In the present application to enforce an adjudication award, Celtic argued that the adjudicator, Mr. Liam Holder, had acted unfairly and in breach of the rules of natural justice in his second decision of 1 December 2009.

Author / Commentator: Sarah Shemmings - Date: 29/01/2010 - To contact Click Here

One varied Subcontract or two Subcontracts?

This case raises interesting jurisdictional issues in the context of adjudication decision enforcement proceedings where there are or may be disputes arising under two contracts between the parties which are referred to a single adjudicator.

Author / Commentator: Sarah Shemmings - Date: 29/01/2010 - To contact Click Here

'Without Prejudice' correspondence and the crystallisation of a claim for Adjudication

The Parties' dispute concerned one of three boiler contracts at the Aberthaw power station. RWE was the operator of the power station, and Alstom was the specialist contractor involved.

Author / Commentator: Sarah Shemmings - Date: 29/01/2010 - To contact Click Here

Wrongful repudiation of the Contract relieves Contractor of obligation to complete

Contractor failed to complete building projects in a specified time.

Author / Commentator: Richard Silver - Date: 29/01/2010 - To contact Click Here

Standard Terms and Conditions were not incorporated into the contract - they were too late

Standard terms and conditions were not incorporated into the contract between two companies when a large printing machine was purchased.

Author / Commentator: Sarah Shemmings - Date: 29/01/2010 - To contact Click Here

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