Construction focus: Keep it under review

John Starr | Property Law Journal | September 2018 #364
How effective are standard building contract amendments? John Starr examines two cases with different outcomes ‘The court decided that the question was whether clause 5.8 excluded any liability to which the landlords might have been subject by reason of any misrepresentation made by them before the contract was made.’ This month, I am looking at …

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Remedies: Perilous profits

Fenwick Elliott | Procurement & Outsourcing Journal | May/June 2018 #42
Jeremy Glover examines the recoverability of overheads and profits as part of a damages claim ‘A contractor must show that, had it not been for the breach of contract, its labour force would otherwise have been profitably employed on other work, thereby making a contribution to the contractor’s fixed overheads.’ The judgment in Fluor v …

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Disclosure: Coming off the rails

Penningtons Manches Cooper LLP | Procurement & Outsourcing Journal | September/October 2013 #14
Peter Jansen considers the lessons to be learned from Metrolink ‘This article considers the contractual route for obtaining disclosure in light of the Greater Manchester case.’Not all forms of dispute resolution permit disclosure or extensive investigation of a claim. This applies to adjudication, a deliberately summary procedure under the HGCRA (the Act), as it does …

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Construction Focus: Construction focus

John Starr | Property Law Journal | April 2012 #288
John Starr contemplates whether legal privilege applies to a claims consultant, and the assignment of causes of action ‘Claims consultants and those that instruct them should be aware that communications between them are unlikely to be privileged from disclosure unless created in anticipation of proposed litigation.’ Be careful whom you consult There has been a …

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Construction Focus: Delay analysis and the expert

Boyes Turner | Property Law Journal | September 2012 #296
John Starr discusses a case where a common-sense approach prevailed ‘It has become quite popular over the years to adduce expert evidence on matters of delay.’ There has been a fair amount of discussion recently by industry commentators concerning global claims and concurrent delay. Both issues were raised in the recent case of Walter Lilly …

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