Contracts and professional appointments
- Building contracts and contractors
- Engineering contracts
- General contract and boilerplate
- International construction contracts
- Professional appointments and liabilities
Keeping the (good) faith: discretion advised
Associate, Tim Hillier: "Bluewater suggests that any mention of the term 'discretion' is likely to attract further regulation from common law. A party always has the right to waive a condition precedent. Adding the discretionary element to this clause served only to undermine Bluewater’s position."
What happens when you send without prejudice material to the adjudicator?
Director, Matt Molloy: "Generally, I think parties should think long and hard before including without prejudice material in their submissions to the adjudicator. They should bear in mind that it rarely helps."
Personal liability, contractual liability, tortious liability: what's the difference?
Partner, Shy Jackson: "Can designers rest easy? The claim failed on the facts but the judgment does make a few suggestions as to when such liability could arise. The dividing line is perhaps not as clear as it could be."
Mitigation and expert evidence: the pitfalls
Professional support lawyer, Michael Mendelblat, Herbert Smith Freehills LLP: "Hirtenstein v Hill Dickinson was a solicitors' negligence case concerning the purchase of a luxury yacht... However, obiter, the court considered the principles of mitigation, and criticised the expert evidence in terms which are likely to be of wider interest." Read more
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For a Q&A guide to construction and projects law and developments in key jurisdictions, see Construction and projects multi-jurisdictional guide.
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- Suspension materials updated to reflect Construction Act changes are almost three years old
- Nick Boles given construction minister brief
- Privilege, mitigation and expert evidence
- HMRC clarifies circumstances when reduced or zero rate VAT may apply to buildings
- CJC confirms date when new guidance for the instruction of experts in civil claims, takes effect
Alongside our specialist know-how, subscribers can now access specimen copies of the 2011 suite of JCT contracts on Practical Law. See our JCT contracts toolkit.
Sweet & Maxwell are pleased to announce the date of the 8th annual Construction Law Conference 2014. Following the extremely well received 2013 conference expert construction speakers from Keating Chambers will be back on the 9th October to provide useable updates on practice and procedure for construction law professionals. Following the Keynote Address there will the usual mix of essential updates and best practice to ensure all delegates are provided with the very best strategies to face the coming challenges for 2014 and 2015.