Construction adjudication: caveat homeowner!
Lessons from a homeowner falling out with a builder over a claim that should never have got to court
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Contract rectification, Winnie-the-Pooh style
Stuart Pemble channels the AA Milne character to discuss the important Court of Appeal judgment
The hard facts about loss of a chance
The High Court considers when and how to claim damages for the loss of a chance
Adjudication: Evidence of fraud can be used
What happens when there is evidence that an adjudicator’s decision was obtained fraudulently? A recent decision means that Stuart Pemble can answer that conundrum. Key points The Technology and Construction Court has clarified when fraud can be used to defeat an application to enforce an adjudicator’s award A separate Supreme Court judgment on fraud might […]
How contracts put good faith to the test
A recent high-profile High Court decision has resurrected the concept of relational contracting
The case that time forgot
Court of Appeal looks at a House of Lords decision from 1913 to decide a liquidated damages claim.
Clearing the muddy SAAMCO waters
Stuart Pemble welcomes the clarification in the latest appellate decision on the SAAMCO principle
Construction adjudication vs insolvency
Has the Court of Appeal resolved the tension between two seemingly conflicting statutory regimes?
Why you still can’t sue an inspector in tort
LEGAL NOTES Stuart Pemble revisits one of the most fundamental tortious principles of them all
Litigation: More facts, less law
Stuart Pemble examines the significance of the result of a long-running dispute between neighbours Key points Facts are often a lot more important than legal principles when it comes to winning (or losing) in litigation Presenting a global claim for damages in construction remains fraught with difficulty Every four months, when a new trainee joins […]
