Briefing Papers

We produce Briefing Papers as an aid for construction professionals to keep up to date with current topics and judgments that may have an impact on day-to-day activities. These are issued on a regular basis, reviewing relevant new judgments as they are handed down and will, at times, reflect on specific contractual issues.

Please email us if you would like to receive these Briefing Papers as they are issued or if you have any topics you would like to see covered. For advice on any contractual issues that are troubling you at the moment or that you feel may be about to develop into a problem, please call Derek Mynott or Sue Banwell on 01234 353900.

Briefing Paper 5 - The proposed changes to Adjudication

References:  (1) Housing Grants, Construction and Regeneration Act 1996
                    (2) Local Democracy, Economic Development and Construction Bill (proposed)

Keywords:      Adjudication

The Bill containing the proposed changes to adjudication, The Local Democracy, Economic Development and Construction Bill, is currently winding its way through Parliament.  This Briefing Paper reviews the principle changes that are proposed.
see full review in pdf document below

Briefing Paper 4 - Letters of Intent

Cases:   (1) RTS Flexible Systems Ltd v Molkerei Alois Müller GMBH & Co KG (UK Productions)
            (2) Hayden Young Ltd v Laing O'Rourke Midlands Ltd
            (3) Fitzpatrick Contractors Ltd v Tyco Fire & Integrated Solutions (UK) Ltd
            (4) Diamond Build Ltd v Clapham Park Homes Ltd
Dates:   (1) 16 May 08 (2) 8 May 08 (3) 13 June 08 (4) 25 June 08
Keywords: Letter of Intent; contract; formation of contract; quantum meruit; cap;
expiry date

The construction world keeps using letters of intent which continue to prove fruitful in
providing disputes to tax the courts. Here are four recent ones worth contemplating....
see full review in pdf document below

Briefing Paper 3 - Challenging jurisdiction in adjudication

Case:           Harris Calnan Construction Co Ltd v Ridgewood (Kensington) Ltd [2007] EWHC 2738 (TCC)
Date:           15 November 2007
Keywords:  Jurisdiction; challenge; enforcement; binding decision; letter of intent; service out of jurisdiction.

Beware! Jurisdiction challenges in adjudication are now common-place but how you make your challenge can be key to your rights after the Decision has been issued.

A word of warning first: Jurisdiction challenges should only be made when there is a justifiable basis for doing so. Raising unfounded challenges wastes time, effort and money - it could add to your bill rather than reduce it. Challenges can be mounted at the outset, during and after an adjudication.....
see full review in pdf document below.

Briefing Paper 2 - A few words about delay analysis

 
Case:          City Inn v Shepherd Ltd Outer House, Court of Session
Date:          30 November 2007
Keywords:   Extension of time, delay analysis; concurrency; condition precedent

Shepherd built a hotel in Bristol for City Inn under an amended 1980 JCT private with quantities contract. There were various delays and the parties fell out over extensions of time. There were a number of
adjudications and this was the third court judgement. It is a Scottish case and care has to be taken when considering its applicability under English law...
see full review in pdf document below

Briefing Paper 1 - The importance of notices in writing

Case:         Steria Limited v Sigma Wireless Communications Limited
Date:         15 November 2007
Keywords:  Notice of delay; condition precedent; extension of time

Sigma contracted to provide a computer assisted mobilisation and communications system, covering the eastern counties of the Republic of Ireland, for the fire and ambulance services. Sigma subcontracted the computer aided despatch system to Steria for over 3 million Euros. Disputes arose about delays and extensions of time....
see full review in pdf document below.