construction and engineering news
Deduction Of LADS Under Withholding Notices – The Effect On Payment Obligations Where A Subsequent Extension Of Time Is Granted 23 Apr 2008
( Construction and Engineering )
The Facts
Reinwood Ltd v L Brown & Sons Ltd [2008] 116 ConLR 1 concerns a JCT 1998 Standard Form of Building Contract With Quantities made between Reinwood (the "Employer") and L Brown and Sons Ltd (the "Contractor") under which the Contractor was employed to build 59 apartments in Manchester. The completion date under the building contract was 18 October 2004 and liquidated damages were payable for delays beyond that date at a rate of £13,000 per week or part thereof.
Commission Payable To Estate Agents 16 Apr 2008
( Construction and Engineering )
We recently reported on the case of Pettigrew v George Wimpey UK Limited [2007] EWHC 2559 (QB), a case where the High Court held that there should be an implied term in the contract between the agent and the client that the introduction had to be an effective cause of the purchase in order for the agent to claim commission. On the particular facts of that case, the High Court held that a house builder was not required to pay commission to a commercial property agent because the agent was not able to show it was the "effective cause" of the sale.
To Pay Or Not To Pay? That Is The Question 03 Dec 2007
( Construction and Engineering )
The world of the commercial estate agent is a world which relies heavily on local land and off market knowledge which brings potential development sites to interested parties such as property developers. Where the estate agent has been the “effective cause” of a transaction involving the sale and purchase of land between landowner and developer the estate agent will be entitled to commission at an agreed rate. This general principle governing the entitlement to commission is set out in Bowstead & Reynolds on Agency (2006 Edition).
Insolvency and payment under the Construction Act: the House of Lords finally decides 15 Nov 2007
( Construction and Engineering )
The facts
Melville Dundas Limited (in Receivership) v George Wimpey UK Limited and Norwich Union Insurance Limited [2007] UKHL 18 is a case about a contractor, (MD), which was employed by housebuilder George Wimpey UK Limited (GWUK) in respect of a housing development in Glasgow. The contractor entered into a construction contract valued at approximately £700,000 on 20 March 2002. The contract incorporated the terms of the JCT Standard Form of Building Contract With Contractor's Design 1998 Edition, amended to suit use in Scotland. Although the contract was governed by Scottish law, the relevant provisions argued in this case were JCT provisions which were unaffected by the Scottish Supplement to the contract, so the decision in this case does not turn on peculiarly Scottish provisions of contract.
House of Lords rules gas industry is not liable for contamination caused by its statutory predecessors 08 Nov 2007
( Construction and Engineering )
In May 2006, we reported on the High Court ruling in R (on the application of National Grid Gas plc) v Environment Agency (17 May 2006) which found that National Grid Gas ("NGG") was liable under the Contaminated Land Regime (the "Regime") for contamination caused by its statutory predecessors.
