Read on for a round-up of news and updates relevant to the construction and engineering industry.
Adjudication: liability for opponents costs: part 2
The question of recoverability of the legal costs of adjudication has now come before the Court. Is there a conflict between the Construction Act 1996 (as amended) (Construction Act) and the Late Payment of Commercial Debts (Interest) Act 1998 (Late Payment Act)? Is adjudication still fundamentally cost neutral, with the only cost risk being unsuccessful party paying the adjudication costs?
Concurrent delay: what did we learn in light of North Midland Building Ltd v Cyden Homes Ltd?
This article considers the case of North Midland Building Limited v Cyden Homes Limited [2017] EWHC 2414 (TCC) (NMBv Cyden). The case provided clarity as to how concurrent delays should be approached and the judgment highlights that the prevention principle is not triggered in some instances of concurrent delay.
Mental health awareness in the workplace
The charity Mind estimate that 1 in 4 people experience a mental health problem each year.Employers have a responsibility to ensure staff health, safety and welfare at work.
How can you support your employees?
Pay less notices – a requirement in respect of both interim and final payments
This article considers the decision of the Court of Appeal in Adam Architecture Ltd v Halsbury Homes Ltd [2017] EWCA Civ 1735. Reversing the decision at first instance, the Court of Appeal has confirmed that the requirement in Section 111 of the Construction Act 1996 (as amended) to give a pay less notice applies to any payment arising under a construction contract, whether interim or final.
Too slender a thread?
The Supreme Court has reversed the Court of Appeal's decision in MT Højgaard A/S v E.On Climate and Renewables UK Robin Rigg East Ltd [2017] UKSC 59. The Supreme Court found that MT Højgaard (MTH) had breached a fitness for purpose (FFP) obligation as to the design life of the works. In doing so, the Court adopted the more rigorous of two inconsistent obligations. However, although eagerly anticipated, does this decision set any new precedent?
Waste note, want not - It can pay to know your waste
AG's Environment Team has partnered with Manchester-based consultancy RJT Consulting to bridge the knowledge gap that still exists around the assessment, classification and disposal of construction waste and the practical impact it can have on reducing landfill costs. This article considers: Observations on the classification and disposal of construction wastes; the 7 Step Assessment; and the impact on recovery and landfill costs.
Renewable energy solutions on your property: opportunities and legal issues
This article discusses some of the opportunities for occupiers to utilise energy generation and storage technologies co-incidental to occupation of their property assets and, where the property is let, the legal considerations in relation to the lease.
Supreme Court Guidance: Interpretation of insuring clauses in construction contracts
The insurance arrangements between co-insureds (e.g. the Employer and Main Contractor) may determine whether a subrogated claim can be brought by insurers against a defaulting sub-contractor down the contractual chain. In the absence of contrary drafting, the Employer and Main Contractor may be found to have agreed to look to insurers for indemnification in the event of a loss rather than to each other.
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