Berwin Leighton Paisner Christmas wordsearch 2013

The two parties involved in the recent case in which Akenhead J held that the collateral warranty in question was a construction contract for the purposes of the Construction Act.

Laing O'Rourke, Parkwood Leisure Ltd.

The case in question is Parkwood Leisure Ltd v Laing O'Rourke Wales and West Ltd [2013] EWHC 2665 (TCC), see Legal update, Collateral warranty is a construction contract (TCC).

The current construction minister.

Michael Fallon.

For more information, see Legal update, Michael Fallon appointed as new construction minister.

Nickname given to the Thames Tideway project.

Super Sewer.

Two contractors facing legal action on behalf of construction workers allegedly blacklisted by them.

Carillion, Sir Robert McAlpine.

For information on anti-blacklisting legislation, see Practice note, Blacklisting of trade unionists.

The proposed new nuclear power station in Somerset being developed by EDF.

Hinkley Point C.

For more information, see Practice note, Proposals for new nuclear power stations.

A former construction minister who was recently ousted as housing minister in the cabinet re-shuffle.

Mark Prisk.

For more information, see Legal update, Michael Fallon appointed as new construction minister.

A country embarking on a major construction programme currently under the spotlight because of its poor health and safety record and working conditions for construction workers.

Qatar.

For a high level overview of the main trends in construction and projects work in Qatar, see our Country Q&A, Construction and projects in Qatar: overview.

The colour of the IChemE reimbursable contract.

Green.

For more information, see:

The UK's largest utility business.

National Grid.

The rule that any amendments to the primary underlying contract, after the giving of a guarantee, will discharge the guarantor's liability under the guarantee unless either the guarantor consents to the variation or the variation is patently insubstantial or incapable of adversely affecting the guarantor.

Holme v Brunskill.

The relevant citation is Holme v Brunskill [1877] 3 QBD 495. For more information, see Practice note, Variation of guaranteed obligations.

For a recent case that cited Holme v Brunskill at first instance and on appeal, see:

The acronym given to the program that provides third-party verification of green buildings used by the US Green Building Council.

LEED.

LEED stands for Leadership in Energy and Environmental Design.

The colloquial name given to the controversial process that enables natural gas extraction from shale rocks.

Fracking.

For more information, see Practice note, Shale gas in the UK: environmental issues.

The presumption that a bond is not an on-demand instrument in a commercial (that is, non-banking) transaction.

Marubeni.

The full citation is Marubeni Hong Kong and South China Ltd (a corporation registered under the laws of Hong Kong) v The Mongolian Government (acting through the Ministry of Finance of Mongolia) [2005] EWCA Civ 395 (13 April 2005).

The presumption that where a security instrument (i) relates to an underlying transaction between the parties in different jurisdictions, (ii) is issued by a bank, (iii) contains an undertaking to pay "on demand" (with or without the words "first" and/or "written") and (iv) does not contain clauses excluding or limiting the defences available to a guarantor, it will almost always be construed as a demand guarantee.

Paget's.

For information on a case that refers to Paget's, see Wuhan Guoyu Logistics Group Co Ltd and another v Emporiki Bank of Greece SA [2012] EWCA Civ 1629, summarised in Legal update, When is a primary obligor actually a guarantor? (Court of Appeal).

A wrongful act or an infringement of a right (other than under contract) leading to legal liability.

Tort.

A key element of proving your loss following a breach of contract.

Causation.

For more information, see Practice note, Damages for breach of contract: an overview.

A contractual provision may be unenforceable if a court finds that it is one of these.

Penalty.

For a critique of recent case law on what constitutes a penalty, see Blog post, Penalty clauses: genuine pre-estimate of loss versus commercial justification.

The colour of FIDIC's standard form of contract for "traditional" procurement.

Red.

For more information on the FIDIC Red Book, see Practice note, FIDIC Red Book (1999).

A three letter acronym for 3D modelling of the construction phase of a project.

BIM.

For more information on building information modelling (BIM), see Practice note, Building Information Modelling (BIM).

An iconic addition to the London skyline designed by Renzo Piano.

Shard.