Construction focus: When a collateral warranty is a construction contract

Forsters LLP | September 2022 #400
Daniel Burr and Sophie Togwell consider the outcome of a recent Court of Appeal decision It was held that, for a warranty to be a construction contract, it must be an agreement for the carrying out of construction operations, meaning it must relate to the performance of works rather than just the quality of work. …

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Construction focus: Demystifying grounds for extensions of time

Forsters LLP | June 2022 #398
Dan Easom looks at the factors to consider when considering extension of time claims Given that all or most of the above requirements will likely apply to extension of time claims regardless of the ground being relied upon, it is important for a contractor to bear these in mind. Construction contracts invariably require contractors to …

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Construction focus: On dangerous ground

Forsters LLP | March 2022 #395
Charlotte Mashhoudy considers case law, standard form construction contracts and the ways in which parties can mitigate the risk associated with unforeseen site conditions A clear understanding from the outset as to the commercial position regarding site conditions and risk allocation should help to prevent disputes between employer and contractor. The term ‘site conditions’ is …

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Frustration: When can a construction contract be frustrated?

Brabners LLP | September 2021 #390
Proving that a contract is frustrated is never an easy task. The chances of success are dependent upon the facts of the particular matter, but assistance can be found in the case law, as Jennie Jones and Thomas Booth find out The primary way of recovering monies as a result of frustration is pursuant to …

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