Brandon Silver’s ‘A Case in Point’ series reviews an interesting case, the legal principle determined in the case and its relevance and/or importance to the construction industry Oksana Mul –v- Hutton Construction Limited [2014] EWHC 1797 (TCC) In the case of Oksana Mul –v- Hutton Construction Limited, the Technology and Construction Court had to decide on the meaning of “an appropriate deduction” in clause 2.30 of the JCT Intermediate Building Contract and whether it should take account of an obligation on the Employer to take reasonable steps to mitigate loss in accordance with the decision ..read more

Brandon Silver’s ‘A Case in Point’ series reviews an interesting case, the legal principle determined in the case and its relevance and/or importance to the construction industry Bremer Handelsgesellschaft v Vanden Avenne-Izegem Construction contracts generally include a provision, which provides that a contractor is entitled to claim direct loss and/or expense as a result of the progress of the works being materially affected by any Relevant Matters such as the instruction of Variations and any impediment, prevention or default by the Employer. As is the case with the JCT 2016 suite of contr ..read more

Common Law Right To Terminate In cases of breach of contract an innocent party will have a right to terminate in the following situations: i. Where such breach is so serious in itself that it would be unreasonable to expect the innocent party to continue with the contract; ii. Where such breach, whilst not so serious, is so protracted or repeated, despite the protests and/ or notices of the innocent party, that it either demonstrates a subjective intention not to be bound by the contract, or an objective involuntary inability to perform the contract properly: iii. Where the innocent party is i ..read more

Introduction In response to the Grenfell tragedy in 2017, the government introduced a number of reforms intended to improve fire safety in high-rise multi-occupied buildings, including the Building (Amendment) Regulations, which came into force on 21 December 2018. The amendment prohibits the use of combustible materials anywhere in the external walls of high-rise buildings over 18 metres in height, which contain one or more dwellings. This means that residential housing, hospitals, residential care premises, boarding school dormitories and student accommodation all fall within the prohibition ..read more

Brandon Silver’s ‘A Case in Point’ series reviews an interesting case, the legal principle determined in the case and its relevance and/or importance to the construction industry British Steel Corporation v Cleveland Bridge And Engineering Co Ltd In this case, the defendants successfully tendered for the fabrication of steel work in the construction of a bank in Saudi Arabia. In order to complete these works, the defendants approached the claimants with a view to engaging them to make the steel nodes. The defendants sent a Letter of Intent to the claimants on 21 February 1979, recording their ..read more

Brandon Silver’s Construction Question Time series answers some of the most commonly asked construction questions In this vlog Brandon looks at the obligations of a pre-action disclosure in relation to the litigation process If you have any queries on this topic please contact Brandon Silver on brandonsilver@silverllp.com   Contact Us The post Construction Question Time With Brandon Silver appeared first on Silver Law ..read more

Brandon Silver’s Construction Question Time series answers some of the most commonly asked construction questions This week Brandon looks at practical completion – when is this achieved and what is the effect of achieving practical completion? If you have any queries on this topic please contact Brandon Silver on brandonsilver@silverllp.com   Contact Us The post Construction Question Time With Brandon Silver appeared first on Silver Law ..read more

Brandon Silver’s Construction Question Time series answers some of the most commonly asked construction questions This week ‘What is the construction adjudication process?’ If you have any queries on this topic please contact Brandon Silver on brandonsilver@silverllp.com Contact Us The post Construction Question Time WIth Brandon Silver appeared first on Silver Law ..read more

As Coronavirus continues to place unprecedented disruption to construction projects throughout the UK construction industry, it has never been more important for contractors to understand their contractual obligations, entitlements, how contracts allocate risk for delay /disruption events and claim relief for time and money. Whilst many sites have remained open during lockdown, the impact of the pandemic has been dramatic – increased costs, reduced availability of labour, plant, materials and social distancing requirements delaying and disrupting programmes throughout the UK. The CLC reported ..read more

Brandon Silver’s Construction Question Time series answers some of the most commonly asked construction questions This week ‘What are the differences between contracts executed under seal and under hand?’ If you have any queries on this topic please contact Brandon Silver on brandonsilver@silverllp.com Contact Us The post Construction Question Time With Brandon Silver appeared first on Silver Law ..read more