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

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

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

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

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

In Thio Keng Thay v Sandy Island Pte Ltd [2019] SGHC 175, the High Court of Singapore upheld a plaintiff’s common law right to recover damages for the cost of remedying defects, as this right had not been expressly excluded in the contract. This decision is consistent with the English law position, which allows an … Read more

London Construction partners, Nicholas Downing and James Doe, and professional support lawyers, Susannah Davis and Noe Minamikata, have authored the United Kingdom Correspondent’s Report for The International Construction Law Review Part 3 [2019]. Read more

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