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By Joe Eizenberg
As a result of an UK Directive the government has recently brought into force "The Provision of Services Regulations 2009" which imposes obligations on "service providers" to provide certain information to their clients.
By Rachel Barnes
Consultants who certify properties by signing a Council of Mortgage Lenders standard form could find the owners chasing them for money later if they find anything wrong.
By Ian Masser
On 25 March 2010, the Third Parties (Rights Against Insurers) Act 2010 ("the Act") received Royal Assent and became law in England and Wales.
By Rachel Barnes
Many statements can be made in the course of trying to win work and there can be a temptation to overstate facts. Whether this could result in a misrepresentation is explained below together with the possible consequences.
By Christopher Cullen
Work is all too often carried out in the construction industry without the terms of a contract having been first agreed. The perils of this situation are well illustrated by RTS Flexible Systems Ltd v Molkerei Alois Muller & Co KG, a case which reached the Supreme Court, where judgment was given on 10 March 2010.
By Rachel Barnes
Consultants are more frequently being required in their appointments to deliver up their drawings and documents to the client – on suspension and/or on termination, for whatever cause.
By Michael Archer, Nick Gillies
In December 2008 we summarised the Bill which proposed various amendments to the Construction Act. After some last minute ‘tweaks’ in the House of Commons, the Bill has now passed into legislation, receiving Royal Assent on 12 November 2009.
By Paul Redfern, Kristina Vongas
This note provides a summary of the recent decision in the case of "Littlewood v Radford and Boston" where the Court of Appeal found that a firm of surveyors had a duty to remind a client of an important deadline, notwithstanding that they had previously notified the client of the deadline, and had advised that they would no longer continue to act if an outstanding invoice remained unpaid.
By Beale Company
Enforcement of adjudication decisions – or, more precisely, attempts to resist enforcement – continued to occupy much of the time of the Technology and Construction Court.
By Mark De Freitas
The recent TCC case of "Jacques v Ensign" provides a useful summary of the Court's application of the concept of natural justice to adjudication proceedings.
By Beale Company
We start our review of 2009 with two high-level decisions concerning the interpretation of contracts, highlighting the growing flexibility of at least some judges in this respect.
By John Henderson
Building Information Modelling (BIM), we are told, has arrived in the construction industry and been widely adopted for complex projects. It is not tomorrow’s vision but today’s reality, and in a few years it will be standard.
By Beale Company
Lord Justice Jackson yesterday published his final report into costs in civil litigation following the extensive process of consultation undertaken last summer after the publication of his preliminary report in May 2009.
By Rachel Barnes
This summer the Association for Consultancy and Engineering (ACE) published some revised agreements and some new ones. Separate Scottish versions of all of these were launched at the Scottish parliament on 19 November.
By Michael Archer, Becky Purse
The construction industry received a sharp reminder of how costly corrupt practices can be when 103 construction firms were fined a total of £129.5m by the OFT in September 2009 for "illegal anti-competitive bid rigging activities".