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Construction Foundation Newsletter January 2017

  • United Kingdom
  • Construction and engineering - Foundations


Welcome to Foundations, our construction and engineering monthly newsletter. Foundations will update you with details of what we think are the top three court cases decided in the previous month, a summary of important legislation changes or proposals, and a paper providing insight and guidance on a particular area of construction law and practice in the UK (UK insight)and internationally (International Insight). We hope you find our newsletter useful and informative.

UK insight 

The Protocol Referee Procedure

November 2016 not only brought with it a new President elect of the United States, it also marked the introduction of the new Pre-action Protocol for Construction and Engineering Disputes.

Admittedly one of these events may have overshadowed the other, however the new Protocol represents a key change in the world of construction disputes and has been introduced following a lengthy consultation within the industry.

Read the full article

The Local Democracy, Economic Development and Construction Act 2009 - Five Years on

Five years have now passed since the 2009 Act came into force. In this article we review the changes that were made to Part 2 of the Construction Act, and consider the trends that have appeared across the construction industry as a result.

Read the full article

International insight 

Some thoughts in succeeding in EPC projects.

This paper, published earlier this week in the International Construction Law Review journal, analyses a dozen issues or factors that have a material bearing on the success of an EPC project.

For more information, please contact James Pickavance

Read the full publication

Top 3 cases

Kilker Projects Ltd v Purton (t/a Richwood Interiors) [2016] EWHC 2616 (TCC)

A decision awarding a payment in a “smash and grab” adjudication does not prevent an Employer referring the issue of the true value of the final account to a second adjudication.

Read the full article

Arcardis Consulting UK Ltd v Amec (BSC) Ltd [2016] EWHC 2509 TCC Kilker Projects Ltd v Purton (t/a Richwood Interiors) [2016] EWHC 2616 (TCC)

The Court will not imply terms into a Contract in the absence of a clear intention between the parties to contract on those terms.

Read the full article

Graham Leslie v Farrar Construction Ltd [2016] EWCA Civ 1041

Overpayments made by an Employer where no investigation has been made into the sum applied for by a Contractor as part of a conscious commercial decision are unrecoverable.

Read the full article

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