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Construct Newsletter - August 2017

Issue 96

Welcome

to our August edition of Prettys’ Construct.

This month we look at:

If there are any topics you would like to see featured in a future edition of our newsletter, please do not hesitate to contact us.

Rebecca Palmer

Contents

Hojgaard: Supreme Court rules on a fitness for purpose dispute

On 3rd August 2017, the Supreme Court upheld an appeal in the MT Hojgaard v EON litigation, restoring the TCC’s original decision and finding the contractor liable to comply with a fitness for purpose obligation contained in a Technical Schedule despite obligations elsewhere ... Read more

Failure to make reservations dooms challenge to adjudicator’s decision

In Dawnus Construction Holdings Ltd v Marsh Life Ltd (2017 EWHC 1066) a hotel developer resisted enforcement of an adjudicator’s decision, claiming that there had been a breach of the rules of natural justice. Facts of the case Marsh engaged Dawnus to design and build ... Read more

The importance of recording contracts in writing

Oral contracts are notoriously risky – they cause uncertainty and can be bad for business. The contractor in RCS Contractors Ltd v Conway [2017] discovered this the hard way – a disputed oral contract meant delays to the adjudication process, a 16 month ... Read more

Contract termination: the importance of getting termination right

Contract terminations are often laden with legal risk, and therefore parties often rely upon as many grounds as possible to justify a termination. The recent case of Imperial Chemical Industries Ltd v Merit Merrell Technology Ltd [2017] EWHC 1763 (TCC) highlights the risk ... Read more

Rebecca Palmer

Senior Associate

e rpalmer@prettys.co.uk

t 01473 298274

Peter Blake

Partner, Head of Construction & development

e pblake@prettys.co.uk

t 01473 298206

Ian Seeley

Associate

e iseeley@prettys.co.uk

t 01473 298228

Anna Mulholland

Trainee Solicitor

e amulholland@prettys.co.uk

t 01473 298218

Michael Booth

Solicitor

e mbooth@prettys.co.uk

t 01473 298214

 

 

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