Walter Lilly & Company Ltd v Mackay [2012] EWHC 649 (TCC); [2012] EWHC 1771 (TCC) – Law Journals

Construction focus: Keep it under review

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

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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Construction Focus

John Starr provides a case update on adjudication and the issues that can arise when a project goes wrong and a claim is brought against a construction professional ‘The judge said that the clause [in STFC] simply had to comply with the Act, not the Scheme. Using the analogy of a train timetable, it simply …

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Disclosure: Coming off the rails

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 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

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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