Dispute Resolution Hub
Court of Appeal shuts the door on insolvent companies adjudicating
24 January 2019Fladgate acted for the successful respondent in MJ Lonsdale v Bresco. The Court of Appeal decision was handed down this morning. The judgment will inevitably impact on the construction industry. Digby Hebbard and Oliver Tobin discuss this important decision.
Read more‘Practical Completion’ – Is your definition practically complete?
16 January 2019‘Practical Completion’ (PC) plays an important role on construction projects, often signifying the release of retention monies, ending the contractor’s liability for liquidated damages, commencing the defects liability period and passing possession of the works to the employer. The term is almost universally used in the construction industry, yet, despite its significance, is not legally defined and is readily left undefined in building contracts. What then does the term PC actually mean?
Read moreProfessional negligence for gratuitous services
6 December 2018In Burgess & Anor v Lejonvarn [2018] EWHC 3166 (TCC), the Technology and Construction Court (TCC) has rejected a negligence claim against an architect for gratuitous services which she provided for her friends in connection with a landscape gardening project.
Read moreFound you! – Peering behind the corporate veil
8 November 2018In dismissing a defendant’s ‘corporate veil’ defence, the High Court has made it clear that it can and will allow claims to be made against directors and shareholders in the appropriate circumstances (Palmer Birch v Lloyd & Anor [2018] EWHC 2316 (TCC).
Read moreDuty of care – buyer beware!
10 September 2018A recent decision of the Technology and Construction Court emphasised the challenges a claimant faces establishing a duty of care in the absence of a contractual relationship.
Read moreBuilding safety, flammable cladding, and the Hackitt report
27 July 2018The fire at Grenfell Tower that took place in June 2017 resulted in 71 deaths and a large number of further injuries. Following the fire a number of inquiries and reviews were set up, including an independent review of fire safety and the current Building Regulations. This review was led by Dame Judith Hackitt and […]
Read moreLimitation for contribution claims – take care
6 June 2018In commercial disputes, it is not unusual for the claimant’s losses to be caused (or contributed to) by a number of different parties. For instance, the claimant may have elected to pursue the party with the deepest pockets, or the loss may have been caused by one of the defendant’s subcontractors. In such circumstances, the […]
Read moreWho should pay for replacing flammable cladding?
11 May 2018First legal case raises more questions than answers The first case on liability for the costs of replacing flammable cladding provides little comfort to lessees. The call by a first tier tribunal for the introduction of a warranty scheme to meet the repair costs was made after acknowledging that litigation on this issue is unlikely […]
Read moreThe right to adjudicate – Interpretation of ‘excluded operations’
24 April 2018The Housing Grants, Construction and Regeneration Act 1996 (Act) grants the right to refer disputes relating to construction operations to adjudication. However, a number of operations under section 105(2) of the Act are excluded from this right. The recent decision of the Technology and Construction Court (TCC) in Equitix v Bester[1] offers helpful guidance on […]
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