http://www.ashfords.co.uk/publications_construction Last modified March 14, 2008 14:48

YOU ARE HERE:

Construction

Easter Home Improvements Without Stress

14/03/2008

As Easter weekend approaches, it's not all about chocolate eggs and floral bonnets, for some people, it marks the start of the home improvement season. Springtime and longer, brighter evenings, can inspire many homeowners to forge ahead with plans for a patio or an extension. However, failure to consider the potential legal pitfalls could really hit your pocket warns Mark Manning, a Partner from Ashfords solicitors Exeter construction team.

Withholding Monies

07/03/2008

A recent Court ruling has thrown further light on the issue of when an employer under a Building Contract can withhold payment of monies otherwise due to a contractor. Section 111 of the Construction Act provides that a party to a construction contract may not withhold payment after a final date for payment unless it has given an effective withholding notice.

Publication by the Office of Government Commerce (OGC) of The Fair Payment Guide and Charter

18/02/2008

Readers may be interested to know that on 1 January 2008, the Office of Government Commerce published a "Fair Payment" Guide and Charter with the aim of encouraging fair payment practice in the construction industry which historically suffers from large losses of money and diminution of productivity as a result of confrontation between parties.

Adjudication Statistics

23/01/2008

Update from the Royal Institute of British Architects regarding adjudications which have taken place using the Royal Institute of British Architects Adjudicator Panel.

Contractor Insolvency - Do you have to pay?

21/01/2008

Readers will be interested in the important case of Melville Dundas Limited (in receivership) v George Wimpey UK Limited which was heard by the House of Lords on 25 April 2007.

Corporate Manslaughter And Corporate Homicide Act:

20/11/2007

Readers may be aware that the Corporate Manslaughter and Corporate Homicide Bill received Royal Assent on 26 July 2007 and comes into force as an Act of Parliament on 6 April 2008. The Act will create a new statutory offence of corporate manslaughter.

Loss and Expense

09/11/2007

Readers will be familiar with the phrase "loss and expense". However, I suspect it means different things to different people. Most legal text books do not contain a succinct definition of loss and expense. The phrase direct loss and/or expense is found in the JCT Contracts to describe the reimbursement to which the Contractor is entitled under the provisions of the Contract in respect of disruption and prolongation. Loss and expense normally arises by virtue of a specific clause in a building contract or as a result of a breach of contract by the Client.

Can I Withhold Payment?

09/11/2007

The circumstances in which a consumer can withhold payment from a builder were considered recently in the case of Steve Domsalla (T/A Domsalla Building Services) v Kenneth Dyason.

Proposals for Change in the Construction Act

04/07/2007

On the 20 June 2007, the Department of Trade and Industry issued consultation papers on proposals to amend Part 2 of the Housing Grants Construction and Regeneration Act 1996 and the Scheme for Construction Contracts (England and Wales) Regulations 1998.

Novation and Assignment - The Difference Explained

20/05/2007

Readers will have come across novation agreements as well as the assignment of rights in a contract. What is the difference between the two?

Adjudication Statistics

06/03/2007

I recently received statistics from the Royal Institute of British Architects based on information contained in Adjudicator feed-back forms following the completion of an Adjudication.

Loss and Expense - Global Claims

14/02/2007

I would like to take the opportunity to remind readers of the Scottish decision of Laing Management (Scotland) Limited v John Doyle Construction Limited 2004 which was a case heard in the Scottish Court of Appeal (the Inner House of the Court of Session).

The Construction (Design & Management) Regulations 2007

10/10/2006

Readers will probably be aware that The Construction (Design and Management) Regulations 2007 are scheduled to come into force on 6 April 2007. These will replace the current 1994 Regulations and also The Construction (Health, Safety and Welfare) Regulations 1996. The new regulations will be accompanied by an Approved Code of Practice (ACoP).

Deciding on the right contract

13/08/2006

There can be no doubting the importance of making the right selection of main contract to be used in any given construction project. Few of you will have missed the recent publication of the highly awaited new JCT 2005 suite of contracts, replacing the earlier JCT 1998 versions. Following this comprehensive overhaul, the Joint Contracts Tribunal have now published a helpful practice note with the aim of providing assistance in deciding upon the contract to be used ("Deciding on the appropriate JCT contract").

How not to have your day in court

16/07/2006

On 3 July Ashfords hosted a talk by His Honour Judge Havelock Allan, the Bristol Technology and Construction Court Judge and Her Honour Judge Frances Kirkham his Birmingham counterpart Her Honour Judge Kirkham gave an interesting view of those construction disputes which regularly come before the Court.

When to adjudicate?

11/06/2006

In the recent Technology and Construction Court decision of All in One Building and Refurbishments Limited v Makers UK Limited the Court gave useful guidance on when it is possible to commence adjudication.

Dispute Resolution Boards

17/05/2006

I recently attended a Conference in Budapest relating to Dispute Resolution Boards as a means of resolving disputes in international construction contracts. However, if you are more used to projects based in Devon & Cornwall you should still read on.

Service of Proceedings by Email

23/04/2006

Readers will be interested to know of a recent case in which the Courts decided that service of an Arbitration Notice by email was valid, even though the management of the Company receiving the Notice were unaware of its existence.

New Expert Witness Protocol

17/03/2006

In June last year the Civil Justice Council published a new protocol for the instruction of experts to give evidence in civil claims. This protocol became effective on 5 September 2005 and replaces existing codes of guidance for expert witnesses.

Delay What Delay?

10/02/2006

An important decision was made by the Court of Appeal in the case of Shawton Engineering Ltd v DGP International Limited. The case concerned a sub-contract for design work concerning the construction of a process plant at Sellafield. The central issue to be determined by the Court concerned the circumstances in which one party to a contract may lawfully terminate the contract for delayed performance by the other party where that party's contractual obligation is to complete the work within a reasonable time and not by a fixed completion date.