UK Construction Law Update

Construction Law in the UK - Extensions of Time, Mediation, Retention and Guaranteed Maximum Price ...



COURSE CONTENT

DAY ONE -
CONSTRUCTION LAW UPDATE

PROGRAMME

A.M.

08:30 Registration and Coffee
09:15 Lecture One
10:00 Lecture Two
11:00 Coffee
11:15 Lecture Three
12:00 Questions and Discussions
12:30 Lunch

P.M.

13:30 Lecture Four
14:15 Lecture Five
15:00 Tea
15:15 Lecture Six
16:00 Questions and Discussions
16:45 Close

Extensions of Time

There has been recent case law concerning the effect of making a delay notice a condition precedent to a contractor or subcontractor’s rights to an extension of time. Is this type of clause now an albatross for Employers?

Recent Legal Cases

Gaymark Investments -v- Walter Construction (1999)
Abigroup Contractors -v- Peninsula Balmain (2002)
City Inn -v- Shepherd Construction (2002)

Enforced Mediation

Mediation is a fast growing method of dispute resolution. Contracts are now being drafted which include mediation clauses. Courts are penalising litigants who do not use mediation. How will this affect the construction industry?

Recent Legal Cases
Hurst -v- Leeming (2002)
Cable and Wireless -v- IBM (UK) (2002)
Susan Jane Dunnett -v- Railtrack (2002)

Pay When Paid Still Relevant

The Construction Act’s provisions have resulted in the improvement of cash flow throughout the construction industry. Even though pay when paid is now outlawed there is still a loophole where the Employer becomes insolvent. How does it work?

Recent Legal Cases
Hills Electrical and Mechanical Ltd -v- Dawn Construction (2003)
Aqua Design -v- Kier Regional Ltd (2002)
Durabella Ltd -v- J Jarvis & Sons Ltd (2001)

Total Cost or Global Claims
The argument rages on as to whether claims which do not properly link cause and effect will fail. The Society of Construction Law’s Protocol provides positive advice and useful instruction that can be derived from recent
case law.

Recent Legal Cases
John Doyle Construction -v- Laing Management (Scotland) Ltd (2002)

Retention

A long running debate has been taking place led by the Specialist Engineering Contractors’ Group into whether, in this day and age, retention clauses should no longer be included in contracts and subcontracts. MPs have been lobbied and a move is in progress to have such clauses legally outlawed. The current up to date situation
will be explained.

Guaranteed Maximum Price - Fact or Fiction?

Employers derive a great deal of comfort from entering into contracts with a guaranteed maximum price tag attached. If things go badly wrong for the contractor, is there any escape route?

Recent Legal Cases
Mowlem plc -v- Newton Street Ltd (2003)

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