Construction
Recoverability of adjudicator’s fees - breach of natural justice
Posted in News by Michael Janney on 7th March 2013
PC Harrington Contractors Limited -v- Systech International Limited [2012] EWCA 1371 (Civ)
The Court of Appeal has held that an Adjudicator is not entitled to be paid his fees where he publishes a Decision that is unenforceable due to a breach of natural justice, because the parties had bargained for an enforceable Decision.
The Facts
PC Harrington Contractors Limited (“Harrington”) was engaged to carry out works on three projects, Wembley Stadium, Kings Waterfront Liverpool and Kingsmill Hospital Mansfield ( the Projects). Harrington engaged a sub-contractor, Tyroddy Construction Limited (“Tyroddy”) under three separate subcontracts to carry out reinforcement works in respect of the Projects..
Construction workers’ blacklist - new inquiry?
Posted in News by Michael Janney on 22nd February 2013
Following an investigation in 2009 it was found that over half of the large construction companies in the UK had been purchasing and using a blacklist, allegedly containing individuals’ details such as trade union membership, political affiliations and those who had highlighted health and safety issues.
Warning to clients: Only communicate with Lawyers and not with Claims Consultants
Posted in News by Michael Janney on 30th November 2012
Walter Lilly & Company Limited -v- (1) Giles Patrick Cyril Mackay (2) DMW Developments Limited
Case Summary
In 2004 Walter Lilly & Company Limited (“WLC”) was employed by DMW Developments Limited (“DMW”) to build a substantial residential house in West London. Mr Mackay was to be the owner and occupier of the new house and was a Director of DMW.
DMW also engaged a firm of architects, Barrett Lloyd Davis Associates (“BLD”) and quantity surveyors for the project. Completion was anticipated within 18 to 20 months of commencement. However, there were delays which by June 2006 had become substantial. BLD awarded WLC a significant extension of time until February 2007.
Project managers beware!
Posted in News by Michael Janney on 30th November 2012
Ampleforth Abbey Trust -v- Turner & Townsend Project Management Limited
This case was recently decided in the Technology and Construction Court by HHJ Keyser QC and has important implications for those involved in advising on contractual arrangements. It is particularly of interest to project managers or surveyors, who in addition to their professional surveying or project managing roles, frequently find themselves called upon to advise on contractual matters which are more within the expertise of lawyers.
Lack of funding not an excuse for non-completion of a project!
Posted in News by Michael Janney on 14th November 2012
Ampurius NU Homes Holdings Limited v Telford Homes (Creekside) Limited
This case was recently decided in the Chancery Division by Mr Justice Roth and the potential implications for those involved in construction projects, particularly given the current economic uncertainties in the country, are wide-ranging.
Case Summary
The developer, Telford Homes, entered into an agreement to procure the completion of a mixed use development on the borders of Greenwich and Deptford in London, in four phases, by certain target dates. Clause 2.4 of this agreement stated that “The Landlord [ie: Telford] will use its reasonable endeavours to procure completion of the Landlord’s works by the target date or as soon as possible thereafter”.
Public procurement – case update
Posted in News by Michael Janney on 12th July 2012
In a case decided earlier in 2012, the High Court rejected an application by the trade union, Unison, seeking judicial review proceedings relating to a contract award. The case is Unison, R (on the application of) & Anor -v- NHS Shared Business Services Limited & Anor.
Construction contracts - why have one?
Posted in News by Michael Janney on 21st June 2012
Why do you need a written contract?
In the current economic climate, where a move to new premises may not be an option, many businesses are looking to reconfigure the premises they have to make the existing situation better for the business. But no matter what the size or value of these construction works, it is essential to ensure that agreements with contractors are correctly documented in writing.
Public procurement- start as you mean to continue!
Posted in News by Michael Janney on 6th June 2012
Who needs to be aware of the public procurement rules?
The rules on procurement are highly complex and do require expert advice from the outset. Also, the growth in procurement challenges to public sector tenders has lead to an increased interest in legal duties implied into private procurements.