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Construction & Engineering Legal Update August 2010 - 19/08/10

In this edition we highlight the following recent developments of interest:

  • Extensions of time: causation, concurrent delay events and critical path analysis 
  • "Best endeavours", "reasonable endeavours" and "all reasonable but commercially prudent endeavours" - is there a difference? 
  • Adjudicator bias?
  • Retention of title clause ineffective where contract allowed "revolving stock" sales
  • Procure 21+ finally launched
  • Failure to finalise contract terms resulted in unlimited liability.

Construction & Engineering Legal Update July 2010 - 14/07/10

In this month's digest we highlight the following developments of interest:

  • Contract management: National Audit Office Report on the performance of hospital PFI projects
  • Professional negligence: Overvaluation not  negligent despite errors
  • Construction Projects: Recovering costs and losses from professional advisers
  • Time limit for making claim for loss and expense held to be a condition precedent.
  • Entire agreement clause did not prevent rectification
  • Why you should question offers which seem too good to be true
  • Withdrawal of Part 36 offer
  • 74 hours delay in delivering Decision made adjudicator's Decision unenforceable
  • The importance of complying with contractual notice provisions

Health and Social Care Update June 2010 - 09/06/10

This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.

Construction and Engineering Legal Update - 06/05/10

In this month's digest we highlight the following developments of interest:

Health and Social Care Update May 2010 - 05/05/10

This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.

Commercial Dispute Resolution Update - 29/04/10

This update is relevant to anyone interested in recent developments in the dispute resolution field.

Construction and Engineering Legal Update - 06/04/10

In this month's digest we highlight  the following developments of interest:

  • Contract formation: Letters of intent, "subject to contract" and waiver by conduct 
  • Drafting "pay when paid" clauses which are effective upon upstream insolvency
  • Drafting exclusion clauses to exclude liability for statutory interest
  • Settling construction disputes - some points to consider
  • The Equality Bill: Impact on the construction sector
  • HSE crackdown on dangerous construction sites
  • New HSE Guidance: "Provision of welfare facilities during construction work"

Contract formation: Letters of intent, "subject to contract" and waiver by conduct - 06/04/10

The Supreme Court on appeal from the Court of Appeal, has given an important judgment in RTS Flexible Systems Limited v Molkerei Alois Müller Gmbh & Company KG (UK Production) ("RTS").  This will be of relevance to parties who continue works after the expiry of a letter of intent but before a formal written contract is finalised, and to those who intend to rely on "subject to contract" and "counterparts" clauses in contracts.

In this article we summarise the facts and issues in the case, and provide some learning points to consider when dealing with these areas in the future.

Settling construction disputes - some points to consider - 06/04/10

There are many factors to address when settling any dispute, including the parties to be bound, dealing with any formal proceedings, payment provisions, the scope of the settlement, costs and interest. In this note we highlight some particular points to consider when settling construction disputes.

Health and Social Care Update April 2010 - 01/04/10

This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
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[Bevan Brittan’s team is] extremely experienced and knowledgeable of the healthcare sector.
Chambers 2013

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