Warranted Trends in Design Standards

04 June, 2021
Design-related obligations are at the core of any construction contract. Naturally, therefore, they tend to be the cause of much contention during negotiations. In this article, we consider significant recent developments concerning design-related obligations and their impact on the procurement of construction projects. Read more

Case Digest: TCC adjourns application for strike out/summary judgment in relation to combustible cladding class action leaving (among other things) the calculation of diminution in value for consideration at trial

30 April, 2021
Elaine Naylor & Others v Roamquest Limited and Galliard Construction Limited [2021] EWHC 567 (TCC) concerned a class action brought by leaseholders of a mixed residential and commercial development against the developer/freeholder and contractor. In these proceedings, the Defendants applied to strike out (or for summary judgment to be granted in relation to) the Claimants’ claim … Read more

Case Digest: TCC permits owner to make post-limitation amendment to Particulars of Claim to introduce new claim that contractor was in breach of contract by using combustible cladding on owner’s tower blocks

24 February, 2021
Martlet Homes Limited v Mulalley & Co. Limited [2021] EWHC 296 (TCC) concerned a claim brought by the owner of several high rise towers against the contractor, who had carried out refurbishment works to the towers, just before the expiry of the relevant limitation periods. The main issue considered by the TCC was whether or … Read more

Clarification of NSW building limitation periods: NSW Court of Appeal decision

08 December, 2020
By Michael Lake, Katherine Mackellar and Samuel Hamilton Lindsay. In November 2020, the New South Wales Court of Appeal published its reasons in Bandelle Pty Ltd v Sydney Capitol Hotels Pty Ltd.1 The Court affirmed that the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) provides a long-stop limitation period of 10 years for … Read more

New Malaysian Latent Damages Regime: Uncertainty out of Clarity?

03 October, 2019
On 1 September 2019, the Malaysian Limitation (Amendment) Act 2018 (“Act“) came into force, introducing, for the first time, a statutory limitation period regime for latent damages claims[1] – currently only applicable to negligence actions that do not involve personal injuries.[2] With the new Section 6A, the limitation period for non-personal injury negligence claims is … Read more

Construction Case Law Digest 2018/2019

15 February, 2019
Over the last 12 months, there have been a number of notable cases with significant implications for construction law and practice. As well as several adjudication cases, such as the widely discussed Grove Developments, which untangled the conflicting authorities around true value adjudications, there were a number of cases that considered fundamental issues of contract … Read more