To certify or not to certify? It's a big question

Hunt & Others v Optima (Cambridge) Ltd & Others is an interesting and complex decision from the Technology and Construction Court involving the development of a block of flats which went wrong from the beginning.

Developers - keep building but don't run out of money!

In Morris Homes (West Midlands) Ltd v Keay & Another, the Technology and Construction Court (TCC) considered a developer's obligations in an agreement for lease. Wragge & Co's engineering and construction experts examine the decision in more detail.

Beware! Consultant on the hook for decline in development value

Following a breach of contract, the innocent party will want to recover all of its loss - why should it be otherwise? The reality is that an innocent party will not be entitled to losses which are too remote.

Adjudication watch - review of the latest legal developments in adjudication

In this second edition of 'Adjudication watch', we summarise three recent adjudication decisions - all of which involve successive adjudications. This leads us to another related hot topic should the same adjudicator be appointed in successive adjudications?

Litigation funding options – act now before it's too late

Out: The ability to recover success fees in conditional fee agreements and premiums for after the event insurance.

In: Damages-based agreements (otherwise known as contingency fees).

Trebor Bassett and Cadbury v ADT Fire and security: Allsorts of contractual issues

In June 2005, a factory owned by Trebor and used by Cadbury for producing popcorn was destroyed by a fire. Trebor and Cadbury sued ADT Fire and Security, which had designed, supplied and installed the factory's fire suppression system, to recover their losses.

Adjudication watch - review of the latest legal developments in adjudication

Construction adjudication has developed dramatically since 1998. We now have a varied and often complex body of case law involving jurisdiction challenges, stays of executions and court intervention.

Pay! Don't pay! Escrow agreement caught by Construction Act

In JB Leadbitter & Co Ltd v Hygrove Holdings Ltd the Technology and Construction Court found a payment clause in an escrow agreement to be ineffective because it was a pay-when-paid clause.

Get on with it! Does a sub-contractor need to proceed regularly and diligently with its works?

In Leander Construction Limited v Mulalley and Company Limited (2011), the Technology and Construction Court declined to imply a term into a sub-contract obliging the sub-contractor to proceed with its works regularly and diligently.

Adjudication enforcement: what happened to 'pay now and argue later'?

The Technology and Construction Court (TCC) has consistently demonstrated in a string of cases its unwillingness to overturn adjudicators' decisions.

Fitness for purpose - when the kit doesn't fit

'Fitness for purpose' and 'satisfactory quality': deceptively problematic concepts which are frequently encountered in the construction industry. How do implied terms under the Sale of Goods Act impact on construction contracts? What are the consequences of not having a written contract?

The nuts and bolts - part 12. Practical completion - What does it mean?

In this, the 12th and final part of our series, we examine the basics and key issues surrounding Practical Completion.

Adjudication and conclusivity: enough is enough

The Technology & Construction Court has made its decision in Jerram Falkus Construction Ltd v Fenice Investments Inc [No 4]. The judgment provides useful guidance on conclusivity provisions in construction contracts relating to final accounts, final statements and adjudicators' decisions.

The nuts and bolts - part 7. No time for delay: getting to grips with extensions of time

There are very few construction disputes where delay is not an issue. The process of establishing entitlement to an extension of time can be both time-consuming and costly.

The nuts and bolts - part 1. The challenges ahead in public procurement

In today's competitive construction industry, forewarned is forearmed. By considering and preparing for the legal issues which can arise during a typical construction project, your business will be better equipped to save time and money.

Court of Appeal decision: builder not liable for costs of remedial work

The Court of Appeal has confirmed that a builder or seller of a building does not, because of the existence a contract, assume any liability in tort for defects in the building which result in pure economic loss.

Linklaters decision: when pipes and insulation became an installation

The Linklaters Business Services v Sir Robert McAlpine trial has now taken place. Wragge & Co's experts examine the decision.

How effective is your retention of title clause?

Suppliers of goods often get a rough deal when their customers become insolvent because they are unsecured creditors. Retention of Title (RoT) clauses can provide some protection to suppliers.

Tort strikes back: subcontractors' liability for pure economic loss

Can a subcontractor or supplier employed to carry out works or supply goods to a contractor in relation to a construction project, owe a duty of care and be liable for the damage caused to the building by its defective works to anyone other than its employer?

Goodbye Tolent clause, hello Scheme

Since 2000, clauses requiring the referring party in an adjudication to pay all the legal and expert costs of both parties, plus the costs of the adjudicator, have been held not to offend the Housing Grants, Construction and Regeneration Act 1996 (HGCRA).

'Fit for habitation' under The Defective Premises Act 1972

Costs penalty follows withdrawal from mediation

Mediation and other forms of alternative dispute resolution are now part and parcel of the dispute resolution landscape with the courts keen to ensure that litigation is very much seen as a last resort.

Construction update - January 2007

The true meaning of contracts

Deciphering the true meaning of contracts is plagued with difficulty. Tensions arise between the presumed objective intention of the parties on the one hand and the commerciality of the transaction on the other.

Wragge & Co broadens international disputes practice with new partner hire

Wragge & Co has enhanced its dispute resolution practice with the hire of international construction disputes partner Anthony Wilson. He joins from the Cairo office of leading Middle East-based arbitration firm Hafez where he was a partner and head of construction disputes.

The true meaning of contracts

This article looks at a recent case where objective knowledge of the law was attributed to a landlord and tenant and a term implied in the tenancy as a result. It also details previous case law developments relating to contractual interpretation.

Do I not like that

Negative declarations are becoming more and more popular it seems in construction particularly in adjudications.

Complex structure theory unresolved

In Construction Law we examined the scope of a builder's duty in tort not to cause 'pure economic loss' (or financial loss) in anticipation of the eagerly awaited decision in Linklaters Business Services v Sir Robert McAlpine.

Economic loss and complex structures

The scope of a builder's duty in tort not to cause 'pure economic loss' has fast become one of the most talked about legal issues in the construction industry.

Do I not like that

Negative declarations are becoming more and more popular it seems in construction particularly in adjudications. 

Goodbye Tolent clause, hello Scheme

For the past ten years contracts providing for one party to pay not only its own costs but also the other side's costs in an adjudication (whatever the outcome) have been accepted in the construction industry. Why shouldn't this be the case?