Articles - DAC Beachcroft

Articles

February 2017

The Dangers of Letters of Intent

The Dangers of Letters of Intent

The Technology and Construction Court matter of Arcadis Consulting (UK) Ltd v AMEC (BSC) Ltd [2016] EWHC 2509 (TCC), is another case which warns parti ...

JCT Contracts 2016 – changes to the payment regime

JCT Contracts 2016 – changes to the payment regime

Introduction With the exception of the Major Projects Forms, JCT has now issued updates to the entire suite of contracts. Whilst the changes are not a ...

Liability for the acts of sub-contractors: Willmott Dixon Construction v Robert West Consulting [2016] EWHC 3291 (TCC)

Liability for the acts of sub-contractors: Willmott Dixon Construction v Robert West Consulting [2016] EWHC 3291 (TCC)

Vicarious liability, non-delegable duties and independent sub-contractors Summary The court has given useful guidance of the circumstances in which a ...

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

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

Summary In this case, the court, has confirmed the recent approach of the courts to give effect to limitation clauses and to give effect to their natu ...

Who Knows Best? Manufacturer not liable for defective product

Who Knows Best? Manufacturer not liable for defective product

Summary The Court of Appeal recently decided Howmet Ltd v Economy Devices Ltd & Others (2016) in which it considered a manufacturer's continuing l ...

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

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

Summary The recent TCC decision of Fluor Ltd v Shanghai Zhenhua Heavy Industries Ltd [2016] EWHC 2062 provides valuable guidance on fitness for purpos ...

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

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

Summary In an important decision, the court was asked to consider whether acceptance of acceptance of a Part 36 Offer made by a sub-contractor to a co ...

LMA model clauses clarify scope of Duty of Fair Presentation

LMA model clauses clarify scope of Duty of Fair Presentation

The LMA have produced guidance on the Duty of Fair Presentation (DFP) introduced by the Insurance Act 2015. The full bulletin can be found here. The D ...

Construction News February 2017

Construction News February 2017

Pre-Action Protocol for Construction and Engineering Disputes After several years of discussions and consultations, a revised edition of the Pre-Actio ...

Construction Adjudication Adviser February 2017

Construction Adjudication Adviser February 2017

Welcome to the further edition of DAC Beachcroft's Adjudication Adviser This edition of the Adjudication Adviser focuses on what the Court will review ...