Construction Disputes

A recent decision of the Technology and Construction Court (TCC) has emphasised the challenges a claimant faces establishing a duty of care in the absence of a contractual relationship. In BDW Trading v Integral Geotechnique[1], the TCC found that a where a consultant prepared a report in respect of a site to be sold for […]

As the deadline of 11.00 p.m. on 29 March 2019 creeps up on us, we wait nervously to find out if we will get “no deal”, a “bad deal” or the elusive “good deal”. Whatever the outcome, English law will be in a state of flux after the withdrawal as the English courts and legislature […]

Most involved in the construction industry will at some point have encountered insolvency. Institutionally tight margins and weighted risk-sharing regrettably have pushed and will continue to push companies, particularly on the contracting side, to the wall.  Insolvency during live construction projects can be particularly problematic because replacement contractors need to be procured to complete the […]

Construction sites can undoubtedly be a nuisance to their neighbours and over the years the right to object to (and receive compensation for) certain types of nuisance has become enshrined in the law. Even if planning permission is granted for construction works which will inevitably be noisy, for instance, that is no excuse if the […]

A key consideration for a party before commencing an adjudication is what the defending party might say or claim in reply, because the courts adopt a generous approach to whether a defence or counterclaim is within the scope of the dispute. Broadly, no matter how narrowly defined a dispute referred to adjudication might be, at […]

The 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 […]

The English Court has issued a number of recent judgments in respect of arbitration matters and its supervisory powers under the Arbitration Act 1996  We summarise some of the more important decisions emerging, including those relating to “apparent bias” challenges against an arbitrator. Progas Energy Limited v Pakistan [2018] EWHC 209 (Comm) (9 February 2018) […]

In 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 […]

The long awaited quantum judgment in the Fluor Ltd v Shanghai Zhenhua Heavy Industries Ltd[1] (ZPMC) case was handed down in January 2018.  It provides important guidance on the extent to which a main contractor’s damages against a subcontractor were limited by a settlement agreement it entered into with the employer. This commentary is of […]

The Court of Appeal has handed down its decision in a long running dispute concerning the duties owed by a project monitor.  Lloyds Bank Plc v McBains Cooper Consulting Ltd[1], underlines the importance of a cohesive and open relationship between a funder and its project monitor in a development finance transaction. Facts McBains was the […]

First 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 to […]

The 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 […]