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ARTICLE · 11 NOVEMBER 2019

Legal Developments In Construction Law: October 2019

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A subcontractor replacing bridge expansion joints engaged a cement supplier to supply concrete for the works.

United KingdomReal Estate and Construction

1. Concrete supplier sets court Construction Act "installation" puzzle

A subcontractor replacing bridge expansion joints engaged a cement supplier to supply concrete for the works. In a dispute about the concrete supplied, the subcontractor obtained an adjudication decision in its favour for damages for breach of contract. The concrete supplier resisted enforcement by the court, claiming that their work involved only delivery of the concrete and was therefore not subject to the Construction Act.

If installation is involved, as well as delivery, the Act applies but was the pouring of the concrete "installation"? The court did not think that it was necessary for the contract to make specific reference to, or use, the word "installation" but its absence was indicative of the nature of the parties' contract. It noted that, for example, one does not install bricks, but the delivery of bricks to a site would obviously fall within the exclusion in the Act unless the

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