The Case of Merit Process Engineering Ltd v Balfour Beatty Engineering Services (HY) Ltd, [2012] EWHC 1376 (TCC) concerned issues regarding formation of contract.

The new Regulations abolish the role of CDM co-ordinator and the responsibilities for health and safety are now split between the client, the principal contractor and the newly created role of principal designer.

In the case of Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc, [2013] EWHC 1322 (TCC), Mr Justice Akenhead, had to consider when, bearing in mind limitation issues, a party which is dissatisfied with the substance of an adjudicator’s decision needs to issue proceedings and seek to challenge and overturn that decision.

In the case of Broster & Ors v Galliard Docklands Ltd & Anr, [2011] EWHC 1722 (TCC), Mr Justice Akenhead had to consider a number of questions, including relating to alleged negligent design, arising from roof damage caused by high winds

On 13 October 2009 the Local Democracy, Economic Development and Construction Bill 2008 (the “Bill”), which amends the Housing Grants, Construction and Regeneration Act 1996 (the “Housing Grants Act”) passed its third reading in the House of Commons.

The dispute between Courtwell Properties Ltd and Greencore PF (UK) Ltd, settled a few days before the hearing date.

Most, if not all, construction contracts, whether standard forms or bespoke contracts, require the Contractor to provide the Employer with a performance bond guaranteeing the Contractor’s performance under the contract.

This was a decision of the First-tier Tribunal ("FTT"). The lessees of Empire Square sought a Remediation Order ("RO") under section 123 of the Building Safety Act 2022 ("BSA") against the landlord (Fairhold Athena Ltd)...

In the case of Jones v Kaney [2011] EWHC UKSC 13, the Supreme Court abolished the immunity from suit for breach of duty that expert witnesses previously enjoyed in relation to their participation in legal proceedings.

Rebecca Penney is one of potentially thousands of private leaseholders who have been told that their properties are covered in combustible cladding.

Parties conducting commercial negotiations by email should be wary of entering into guarantees without meaning to.

Mr Justice McCombe in the case of Baylis Farms Ltd v R B Dymott Builders Ltd, [2010] EWHC 3886 (QB), had to consider to whether a drain was fit for its purpose and/or whether the builder had given a sufficiently clear warning about the risks of proceeding with the construction of the drain such as to exclude any implied warranty of fitness for purpose.

Late last year, the English Court of Appeal, in the case of E H Humphries (Norton) Ltd & Thistle Hotels Plc v Fire Alarm Fabrication Services Ltd - [2006] EWCA Civ 1496 – heard an appeal following the death of a worker who fell through a skylight window.

In issue 23 of International Quarterly, we looked at the decision in Glencore Agriculture BV v Conqueror Holdings Ltd which highlighted the importance of ensuring arbitration notices are served on individuals ...

Although the decision on the residential occupier point was sufficient to deal with RBH's attempt to enforce the adjudicator's decision...

The past two issues of Insight concentrated on the changes to litigation practice following the implementation of the Jackson reforms in April 2013.

The British Standards Institution has released the second edition of PAS 9980, a comprehensive code of practice for conducting fire risk appraisals of external walls in multi-storey residential buildings. This updated guidance introduces a refined four-band risk assessment system and provides clearer methodology for determining when buildings require formal fire risk appraisals, potentially reducing unnecessary and costly remediation works. With the government planning to legally mandate PAS 9980 compliance

The employment of a Quantity Surveyor arises from his appointment by the Employer or by someone authorised on his behalf to make the appointment. The express and implied terms of the appointment govern the rights and obligations of the parties; the express terms are of course the starting point.

Since The Board of Governors of the Hospitals for Sick Children and Another v McLaughlin & Harvey plc and others – ("the Great Ormond Street case") [1987] 19 Con LR 25) - it has become something of a construction lawyer's "rule of thumb" that if a claimant wants to recover the cost of rectification it is more likely to do so if remedial works have been carried out upon a professional consultant's advice.

What will this year hold for those working on projects in and with China? We look ahead at the key areas in construction, investment and arbitration