Want to keep up with all the very latest developments in construction and engineering law so you can manage your legal requirements and avoid potential risk? Then sign up to the Muckle eNews service and our team of helpful experts will make sure you get legal news, advice, helpful hints and tips sent direct to your inbox.
Why split trials can be a bad idea
How separating out issues, to simplify a dispute, back-fired on both sides.
Confusion in identifying the contracting party
What problems could negligence with paperwork cause?
Adjudication: the end of ‘Smash and Grab’?
The Court of Appeal upheld an employer’s right to evaluate a contractors application in a 2nd adjudication.
“No Oral Modification” clauses approved and enforced
An oral variation of a written payment obligation caused a clash between the Court of Appeal and the Supreme Court.
Excluding liability for breach of contract
Can a contractor’s ingenious exclusion clause exclude claims for damages caused by poor contractual performance?
Contracting out of concurrent delay rules – the Court of Appeal view
Can the parties contract out of the concurrent delay rules?
“No Oral Modification” – clause upheld
NOM clause was upheld banning all modification not agreed and recorded in writing.
Negligent survey – diminution in value or costs of repair?
The normal measure of damages on a negligent survey is diminution in value, but should the cost of repair be considered.
Reliability of reports
Can you rely upon a report which you didn’t pay for?
Damages instead of suspension?
Are damages always an effective alternative to suspension in public procurement?