"Relevant Events" included employer acts of prevention. Letters of Intent: Avoiding those Bear Traps1. The judge found that, upon the liquidator's appointment, any subsisting financial claims and cross-claims under the Contract ceased to be capable of separate enforcement. As a matter of principle, the choice of forum did not dictate whether or not the claim existed or was extinguished. Cambridge agreed to a sub-contract that expressly required them to obtain their own insurance, meaning the intention must have been for Cambridge to have and use their own insurance and not rely on the project-wide policy. He added, further, that a high test would be applied as to whether the relevant evidence reached the standard necessary for the above principle to apply. Please see the Guide to the New Pace-IICL CISG Database (April 2017). contract. Google Chrome, When negotiating construction contracts, therefore, contractors need to identify any such potential gaps by carefully assessing the scope of the proposed contractual protections in light of the nature of the actual activities to be undertaken on the project. Professional Grade Construction Group, Inc. AR Medical LLC d/b/a San Pablo Medical Clinic. Cooper/T. Hear directly from leading legal experts this month. In this construction case law digest, we have selected some of the most noteworthy cases from the past year, which will be of interest to the construction and engineering industry. 19 February 2019, 1pm - Top 5 adjudication cases of 2018. Clause 6.1.2 of the sub-contract between Lakehouse and Cambridge stated that Cambridge were liable for and must indemnify Lakehouse for any loss, expense, claim or proceedings in respect of damage to any property due to the fault of Cambridge. A few months after the Contract was signed, Bresco left the site in controversial circumstances, and Lonsdale and Bresco each alleged wrongful termination of the Contract against the other. The Court of Appeal overturned the first instance decision. ICI brought proceedings against MMT, which led to a long running series of proceedings involving six High Court judgments (as well as four adjudications). Please contact customerservices@lexology.com. In the liability trial, Fraser J found that defects barely existed in MMT's work. In the second Outer House judgment, Lord Woolman held that, whilst Hochtief had been obliged to repair the tunnel following its collapse (and was in breach of contract by refusing to do so), it was not responsible for paying the remedial costs, as the tunnel collapse was not due to a defect that existed at takeover. Phones 4U was not accused of breach and any rights in respect of breach had been reserved by EE. Project insurance policies are usually promoted in terms of their cover extending to sub-contractors; however this judgement has confirmed that the specific terms of a sub-contract can supersede this cover. This was despite the fact that these provisions expressly described the sums payable as "the penalty". Nevertheless, this decision certainly renders it more difficult for contracts to be amended informally or not in accordance with the procedure to be observed under the contract. CPR, in turn, claimed against Lakehouse's project insurers, and sought declarations to the effect that CPR was entitled to the benefit of the project insurance, notwithstanding the existence of its own public liability insurance cover. 1120 20th Street NW, 9th Floor Aygun Aluminium UK Limited ("Aygun") engaged Gosvenor London Limited ("Gosvenor") pursuant to a (sub-sub-)contract to perform the labour element of the cladding works in connection with a project to install a hotel faade in Southampton. The order was made notwithstanding the fact that the contractor was in a company voluntary arrangement ("CVA") due to solvency issues. Clause 6.2 stated that Cambridge were to obtain their own insurance cover, in this case for £5 million, which they did. In relation to ground (1), Coulson LJ, who gave the lead judgment, agreed with Fraser J that the Concurrent Delay Clause was unambiguous, and plainly sought to allocate the risk of concurrent delay to Cyden. He is assisted currently by Laura Bowler. Cyden allowed a partial extension of time, but rejected a full extension on the basis that some of the delays were concurrent with delays caused by NMB, and under the Concurrent Delay Clause, NMB was not entitled to an extension of time. Journals & Scholarship. The databases below vary in size and completeness and represent best-effort collections that rely on the availability of the judgments from the courts listed . You may search this site by keywords for all OSHRC decisions, those of both the Administrative Law Judges and Commissioners, using the search engine on the home page of this website. The main issues in dispute between the parties concerned mutual allegations of termination and repudiation, alleged defects in MMT's work, and the value of the works performed by (and paid to) MMT. Makdessi penalties test applied to construction contracts, (1) GPP Big Field LLP and (2) GPP Langstone LLP v Solar EPC Solutions SL (formerly known as Prosolia Siglio XXI) [2018] EWHC 2866 (Comm). This was because the adjudication itself will not have been designed to test whether or not there was a real risk of dissipation so as to justify a stay. Merit Merrell Technology Ltd ("MMT") was a specialist engineering piping manufacturer, which entered into an amended NEC3 contract with Imperial Chemical Industries Limited ("ICI") to perform works associated with the construction of a new paint manufacturing facility in Northumberland (the "Project"). GPP's claim, in broad terms, was for damages (both liquidated and unliquidated) for late and/or non-completion of the works under four of the EPC contracts. Each party also engaged its own engineering geologists, who, as the tunnel excavation proceeded, jointly identified which rock was erodible and determined the support required based on the actual conditions found within different sections of the tunnel. The following year, Bresco became controlled by a liquidator as a result of voluntary liquidation. Rock Advertising Ltd v MWB Business Exchange Centres Ltd [2018] UKSC 24. It agreed that the variation was supported by consideration, but considered that the oral agreement to revise the payment schedule amounted to an agreement to dispense with the NOM clause. Rock Advertising Limited ("Rock") entered into a contractual licence with MWB Business Exchange Centres Limited ("MWB") to occupy office space in central London for a fixed term of 12 months. Use additional terms, such as Commissioner or Administrative Law Judge decisions or Administrative Law Judge Decisions Pending Review to limit your search to primarily decisions.

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