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Category Archive: Construction Contracts

construction

Economic Torts And Piercing The Corporate Veil – Can You Make A Claim Against Former Directors?

October 11, 2018| Construction, Construction Contracts, Economic Tort

In the recent case of Palmer Birch (A Partnership) v Lloyd & Anor [2018], the TCC considered the requirements to establish economic torts as causes of action and whether a contractor was entitled to pursue the individuals behind an insolvent … read more

Challenges to Enforcement: No Breach of Natural Justice

September 11, 2018| Adjudication, Construction, Construction Contracts, Dispute Resolution, Enforcement

This is the latest dispute between Vinci Construction UK Ltd (“Vinci”) and Beumer Group UK Ltd (“Beumer”) to arise out of a Sub-Contract concerning development works at Gatwick Airport. In this case, Beumer sought to resist enforcement of an adjudicator’s … read more

construction

No Greater Liability Clauses and Collateral Warranties – When Does Limitation Expire?

September 7, 2018| Collateral Warranties, Construction, Construction Contracts, Limitation

Generally, claims brought outside the relevant limitation period will not be entertained by the courts. It is crucial therefore that parties know the date by which they must bring a claim. In the recent case of Swansea Stadium Management Company … read more

construction

Concurrent Delay: Allocating the Risk

July 31, 2018| Construction Contracts

Last year, it was held in North Midland Building Ltd v Cyden Homes Ltd that the prevention principle did not take precedence over freedom of contract. North Midland Building Ltd (“NMB”) appealed and the case was brought before the Court … read more

Contract Interpretation: Terms Will Not Be Implied Simply Because It May Appear Fair To Do So

July 24, 2018| Construction, Construction Contracts, Design, Dispute Resolution, Engineering

The test for implying contractual terms was set out by the Supreme Court in Marks & Spencer Plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd. Whilst that case settled what the test is, the application of that test … read more