Construction Update February 2017

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Construction Update February 2017

Published 14 February 2017

Adjudication Adviser

This edition of the Adjudication Adviser focuses on what the Court will review on enforcement. In particular with regard to oral contracts, which by way of the amendments to the Construction Act, can now be adjudicated. However in general, all of these cases below illustrate the innovative ways that parties seek to resist the enforcement of decisions.

Amey Wye Valley Ltd v The County of Herefordshire District Council [2016] EWHC 2368 (TCC)

Dacy Building Services Limited v Idm Properties LLP [2016] EWHC 3007 (TCC)

Kilker Projects Limited v. Rob Purton (trading as Richwood Interiors) [2016] EWHC 2616 (TCC)

Imperial Chemical Industries Limited v. Merit Merrell Technology Limited [2016] EWHC B30 (TCC)

Construction Risks

In this edition we consider a number of decisions in which the liability for defective products was considered by the court. We also report upon two cases in which the court was asked to consider the effect of limitation of liability provisions, one of which challenges any previously held belief that the meaning of the term "consequential loss" could be regarded as having been settled  as a matter of law. Similarly the consequences of parties who contract on the basis of a letter of intent or simple contract in failing to reach agreement on a cap on liability is highlighted. Finally, we outline some important changes in the payment regime of the JCT 2016 Suite of Contracts and the LMA's Guidance on the Duty of Fair Presentation Rules introduced by the Insurance Act 2015.

Exclusion Clauses: The Meaning Of Consequential Losses

The Dangers of Letters of Intent

JCT Contracts 2016 – changes to the payment regime

Willmott Dixon Construction v Robert West Consulting [2016] EWHC 3291 (TCC)

The Interpretation of Clauses Limiting Liability: McGee Group Ltd v Galliford Try Building Ltd [2017] EWHC 87 (TCC)

Who Knows Best? Manufacturer not liable for defective product

Fluor Ltd v Shanghai Zhenhua Heavy Industries Ltd – Interpretation of Fitness for Purpose Obligations

Part 36 offers: Wes Futures v Allen Wilson Construction [2016] EWHC 2863 (TCC)

LMA model clauses clarify scope of Duty of Fair Presentation

Construction News


Mark Roach

Mark Roach

London - Walbrook

+44 (0)20 7894 6314

Key Contacts

Mark Roach

Mark Roach

London - Walbrook

+44 (0)20 7894 6314

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