Articles
Construction Articles
12/09/2012
Construction
It’s the Employer’s fault that the Contractor is out of pocket. What does the Contractor have to do to recover his loss and expense? Walter Lilly has made things just a little clearer.
Background
20/08/2012
Construction
It’s a common story: the project is in delay. The contractor blames the employer. The employer blames the contractor. There seems to be multiple causes of the delay. Who foots the bill? That’s a toughie but the Walter Lilly case has made things a More...
Scott McKinnell
13/08/2012
Construction
As the industry jets off for the sun and well deserved breaks, contract correspondence is often rushed out without much thought as to its presentation. Documents in commercial discussions, particularly in relation to disputes are often marked “ More...
Scott McKinnell
13/08/2012
Construction
A QS estimator friend of mine once told me that the definition of a successful tenderer is a Contractor who wonders what he’s missed out and that estimating for construction or maintenance works was a bit more of an art than a science. How good it More...
Scott McKinnell
25/06/2012
Construction
To avoid costly and time consuming litigation and preserve goodwill parties to construction contracts often do deals at the end of projects resolving matters, so that they can draw a line under how much is due to the Contractor and move on to the More...
Scott McKinnell
11/06/2012
Construction
Traditionally, the construction industry has often faced problems with the taxman, and consequent tax liability, over whether operatives are classed as being subbies or directly employed.
Scott McKinnell
23/05/2012
Construction
Section 111(10) of the Housing Grants, Regeneration and Construction Act 1996, as amended by the Local Democracy, Economic Development and Construction Act 2009, does not sound like the basis of an exciting conversation, however, it might end up More...
Scott McKinnell
11/04/2012
Construction
Caps on liability are a common feature of negotiations in construction projects, particularly to enable contractors to price risks more easily and to therefore lower the cost for construction clients of procuring a project. It is also common for More...
Scott McKinnell
21/03/2012
Construction
Mr Robinson complained that there were defects to the chimney flues in his house which had been built by the builder PE Jones.
The trouble was though that by the time the defects had become apparent the limitation period for a claim in contract had More...
Scott McKinnell
13/02/2012
Construction
Parties to construction contracts always look at risk when negotiating them, including the risks of incorrect design, mistakes or damage and the consequences of those risks if things do not go according to plan. But do they give enough thought to More...