Posts filed under: Contract
The case of Bennett (Construction) Limited (“Bennett”) v CIMC MBS (formally Verbus Systems Limited) (“Verbus) considered whether “sign off” was required prior to payment. The main contract was for a new design and build hotel in London. Bennett were employed...
In the case of Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd & Anr, the Supreme Court set out the tests for deciding whether an implied clause exists. There are two types of implied clause:...
In the recent ruling in the Court of Appeal in Mears Ltd v Costplan Services (South East) Ltd & Others [2019] EWCA Civ 502 the Court has provided authoritative guidance as to when Practical Completion can be said to have...
Having just completed a Sub Contract review for one of our clients , our Senior Commercial Manager Mark Catton MSc, FCIOB discusses the importance of reviewing a contract before entering into contract. The size of the Sub-Contract can sometimes make...
The construction industry commonly uses Letters of Intent to enable projects to commence whilst the final construction contract is being agreed. Whilst this approach does have the benefit of enabling parties to commence work prior to execution of the final...
It is now common to see within JCT Contracts Employer amendments proposing a new clause stating that the Contractor is not entitled to an extension of time where there is concurrent delay. Concurrent delay can be defined as ‘a period...
In this eagerly awaited case Grove Developments Ltd employed S&T (UK) Ltd under an amended JCT Design and Build Contract 2011 to design and build a new hotel at Heathrow Airport. On April 18th 2017 Grove issued to S&T a...
One of the first cases involving Smash & Grab adjudications after the judgement given in S&T...
Contracting parties often face tight deadlines to commence work which can mean that Contracts are left unexecuted when work commences, in this instance when is a Contact formed....
The case of University of Warwick v Balfour Beatty Group Ltd [2018] EWHC 3230 (TCC) offers insight as to how the courts may interpret Practical Completion....