Legal updates - Construction Law

Silver Shemmings pride themselves in keeping at the forefront of legal developments relevant to their specialist areas of Construction, Commercial, Property and Environmental Law.

Within this section of our web site we make available legal updates and articles written by our team. We would point out that these are not simply case reports and comments, which are available from numerous other printed and web based sources, but serious consideration of regularly posed problems encountered by our clients.

The index below will regularly be updated so please bookmark this site for your return visits. Each article is attributed to its author and we welcome contact either by the email link or by telephone from anyone with a related query.

Latest Legal Updates

Enforcement of an Adjudicator’s decision; dispute on jurisdiction; service of proceedings out of jurisdiction and the award of indemnity costs.

Enforcement of an Adjudicator’s decision

This article looks at the issues raised in the case Multiplex Construction (UK) Limited vs Cleveland Bridge (UK) Limited when a dispute arose which meant the Court had to review the definitions of Abatement, Set Off and Counter Claim.

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

This article looks at claiming interest and compensation under the Late Payment of Commercial Debts (Interest) Act  1998.

Are you owed money?

A review of the coming provisions of the Companies Bill (now the Companies Act 2006)

Companies - all change?

An article looking at the pros and cons of litigation vs. arbitration especially with regards to confidentiality and access by the public to Court documents.

Confidentiality in dispute resolution - Advantage arbitration?

Changes to CPR Part 36 Offers to Settle.

Court rules - changes to Part 36 Offers to settle

This article looks at the statutory duties of directors for limited companies as set out in the Companies Act 2006.

Directors’ duties defined by the Companies Act 2006

In the case of Lead Technical Services Limited vs. CMS Medical Limited, the Court of Appeal gave guidance as to when it was not appropriate to enforce an adjudicator’s decision by way of summary judgement.

Enforcement of an Adjudicator's Decision

This article looks at the revised pre-action protocol for construction and engineering disputes which came into force on April 2007 and in particular to the new requirement relating to costs and proportionality.

Pre Action Protocol for Construction and Engineering Disputes

An article which looks at the requirements of the Court for issuing an application for summary judgement under CPR 24. In the case of Nigeria vs Santolina Investment Corporation the Court set out guidance on the principles to be applied when deciding whether or not to grant summary Judgment.

Summary Judgment Seven Point Test

This case looks at whether a joint expert statement prepared in respect of a mediation, could be used in subsequent litigation.

Without Prejudice Joint Experts' Statement - CPR35

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).

Download the full article here.

Author: Richard Silver

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.

Download the full article here.

Author: Richard Silver

Practical Completion - What does it mean?

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

Download the full article here.

Author: Richard Silver

Disclosure of Pleadings in an ongoing litigation case to a member of the public or the press

This article relates to the question of to what extent should case papers be available to the public. This was the question decided by His Honour Judge Wilcox QC in Cleveland Bridge UK Limited v. Multiplex Constuctions (UK) Limited [2005] EWHC 2101 (TCC).

Download the full article here

Guest Author: Peter Barnes

Construction Act Review (January 2006)

Following a lengthy review process and industry consultation period, new government proposals that aim to improve payments to firms in the construction industry were published on 16 January 2006.

This article gives a brief outline of the proposals.

Download the full article here

Guest Author: Peter Barnes

Click Here to view Legal Updates for 2005 >>