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Duty of care in tort for defects in design and build contracts – an ‘unsettled and controversial’ issue
Posted: 17/05/2023
The question of whether a design and build contractor owes its employer client a duty of care in tort in respect of defects – and, if so, whether in relation to its design and/or workmanship obligations – is a difficult question, but one that has real practical importance (for example, when any contractual claim is already time barred)......>>
Penningtons Manches Cooper announces 2023 senior promotions
Posted: 30/03/2023
Top 50 law firm Penningtons Manches Cooper has announced its senior promotions for 2023, with six colleagues being appointed to partner and one to associate director as at 1 April......>>
Contractor insolvencies are on the rise: guidelines for employers on the warning signs and how best to protect your interests
Posted: 16/12/2022
There is a worrying trend in the construction industry: contractor insolvencies are on the rise. According to a release from The Insolvency Service, the construction industry accounted for 3,213 insolvency cases in the 12 months leading up to April 2022. This equates to almost a fifth (19%) of the overall cases of insolvency......>>
Liquidated damages provisions in building contracts – Buckingham Group contracting Ltd v Peel L&P Investments and Property Ltd
Posted: 26/10/2022
The Technology and Construction Court (TCC) has handed down another judgment on the enforceability of liquidated damages provisions in building contracts. This was the second time in the space of a year where this issue was considered, following the case of Eco World v Dobler UK Ltd [2021] EWHC 2207, and the court again emphasised the fundamental importance of certainty in drafting contracts......>>
Can modern methods of construction (MMC) finally move from innovative to mainstream?
Posted: 08/09/2022
MMC is a broad term used to describe numerous manufacturing and construction processes, including volumetric manufacturing and panellised systems. This generally involves component parts of a building being produced offsite (ie in a factory) and then assembled on site......>>
The TCC delivers guidance on claims surrounding fire safety of buildings - Martlet v Mulalley
Posted: 12/08/2022
Since the tragedy at Grenfell in June 2017, claims surrounding fire safety of buildings have become commonplace. For this reason, the TCC’s judgment in Martlet Homes Ltd v Mulalley & Co Ltd – the first decision of its kind since Grenfell to address fire safety defects - was highly anticipated......>>
Increased access to adjudication under collateral warranties
Posted: 05/07/2022
The recent Court of Appeal (CoA) decision in Abbey v Simply Construct [2022] EWCA Civ 823 will increase access to adjudication under collateral warranties, particularly where the warranty is intended......>>
Termination of construction contracts under contractual terms or for repudiatory breach: a recent reminder of the law
Posted: 04/03/2022
Parties ending contractual relationships is an unfortunately common feature on construction projects and taking the correct legal steps to deal with it can be crucial. This article looks into the legal principles for a construction contract to be terminated by contractual notice or, alternatively, under the common law ground of repudiatory breach......>>
Façade fire safety defects: when can particulars of claim be amended outside the limitation period?
Posted: 07/02/2022
The Court of Appeal has very recently published a judgment that focused on whether a claimant could amend its particulars of claim to raise a new cause of action outside of the limitation period. The case concerns façade fire safety defects and, as the Court of Appeal noted, this is an important issue in such claims......>>
Construction professional negligence claim provides useful guidance on scope of duties and recovery of losses
Posted: 21/12/2021
In BDW Trading Limited v URS Corporation Limited [2021] EWHC 2796 (TCC), the court had to grapple with difficult questions of scope of duty and the accrual of a cause of action in tort in an engineer’s professional negligence claim. In doing so, it has provided some useful guidance for those bringing and facing such claims......>>

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