BULLETINS
ARTICLES

Disruption and notices under NEC3 contracts - David Carrick & Roy Andrew explore the concept of disruption under NEC3.

Hedging Your Bets - The following article by Melissa Horrocks – Consultant at Knowles Daresbury office, shows the possible risk in taking an issue both to Court and Adjudication.

If You Could Turn Back Time - In this article, Melissa Horrocks, Consultant at Knowles Daresbury offices, highlights the dangers of doing a retrospective assessment for recovering management costs if, you were faced with a significant disruption to your business because your staff had to be diverted from their normal activities in order to rectify and resolve a breach. How can you claim for the wasted time and cost spent resolving the dispute if you have no records to justify your claim?

Recovering Management Costs - Melissa Horrocks, Consultant at Knowles Daresbury branch, highlights three golden rules to recovering management costs.

Risk or Opportunity? - Gary Blackburn, Executive Director Hill International Leeds, shares his experience: ‘Whilst those who draft construction and engineering contracts may well intend that the contract should define the allocation of risk between the parties, the potential effects of those risks, should they materialise, will often be far greater than the contract draftsman, or even perhaps the contract signatories, can envisage.’

The new DOM1 2011 – will it be left on the shelf / the spinster sub-contract form? - Executive Director Geraldine Fleming reviews this new contract.

Leander Construction Ltd V Mulalley and Company Ltd - The latest of Garry Winter’s Technology and Construction Court case studies analyses ‘Implied Terms’.

How has Retention been affected by changes to the Construction Act? - Knowles vice president and branch manager Geraldine Fleming analyses the ‘Marmite’ effect of retention.

Thameside Construction Company Limited v Arthenella Limited - This case study by Garry Winter, Senior Consultant, Knowles, Winchester, demonstrates the importance of contemporaneous evidence and, where there are disputed versions of facts, how the courts will use such evidence to decide the events that took place.

Defects – there is always a snag! - Knowles Executive Director Paul Lomas-Clarke, highlights the importance of good communication over defects.

Top 12 tips when using an NEC Contract - Geraldine Fleming Vice President, Knowles Daresbury, highlights 12 Top Tips when using an NEC contract.

That Sinking Feeling - The importance of Reasonable Skill and Care in Design is highlighted in this case study by Garry Winter, Senior Consultant, Knowles, Winchester.

Inframatrix Investments Ltd V Dean Construction Ltd - A Technology and Construction Court case study by Garry Winter, Senior Consultant, Knowles, Winchester.

Mind Games - Ian Smith Executive Director, Hill International, Munich takes a brief look into human behavioural aspects of commercial negotiations.

Who Counts the Cost? - On a monthly basis in most construction contracts, an important ritual is played out which must be strictly observed, but which is the most frequent trigger for disputes when things go wrong? Frank Hall architect and Regional Director at Knowles Bristol office explains.

Condition Precedent and Entire Agreement Clauses - Mark Atherton, Director at Knowles Winchester office looks at the ‘fatal combination’ of condition precedent and entire agreement clauses.

Time Is Finally Called - Frank Hall, architect and Regional Director at the Bristol Office of Knowles, looks at concurrent delays, dominant events and extensions of time.

From The Adjudicator’s Chair - Paul Lomas-Clarke, Executive Director and Adjudicator, gives practical advice on what Adjudicators are looking for in a referral.

Does Termination Limit Liability For Liquidated Damages? - This article highlights a case giving contractors food for thought on their responsibility for liquidated damages where their employment under the contract is terminated before practical completion of the works.

A Point of Interest - Stephen Oakes – Senior Consultant at Hill International’s Birmingham offices looks at the ‘the Question for the Court’: Whether the interest provided for within an amended JCT Contract for the late payment of a debt was a ‘substantial remedy’ pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.

Supplementing Resources - Richard Hawkins Director at Knowles Winchester Offices, points out the importance of Sub-contractors being contractually and legally aware of entitlement when a Main Contractor threatens to increases the on-site workforce on their behalf.

The Pause… to the Tolent Clause! - John Jones Consultant at Hill International’s Birmingham office ponders ‘The Question for the Court’: Whether a clause in a construction contract which determines that a party is liable for the costs of adjudication irrespective of the decision of the adjudicator, typically referred to as a “Tolent Clause” is effective.

Take No Notice - Steven Oakes – Senior Consultant at Hill International’s Birmingham office looks into ‘The Question for the Court’: Whether a Notice served by the Contractor, which was a condition precedent, had met the requirements of the Contract Agreement in order that the Contractor might be granted an extension of time and recover its costs for the delay

Builders AND Clients Take Care! - Paul Lomas-Clarke Executive Director at Knowles Bedford Row, London Offices, looks at duties in tort.

Risk in the NEC3 Contract - David Carrick – Vice President, Hill International Northern Region looks at Risk in NEC3 Contract.

It’s good to talk, or is it? - Knowles Senior Consultant Garry Winter looks at the proposed amendment to the Housing Grants, Construction and Regeneration Act 1996, allowing the adjudication of oral contracts.

You want more? - Steve Thompson, Senior Consultant, discusses disputes in the construction industry, and outlines some simple steps to take in order to prevent claims arising.

Adjudication at the Crossroads: The Construction Act - One Size Fits All? - The much heralded Construction Contracts Bill (as part of the Local Democracy, Economic Development and Construction Bill) has now finally been passed by Parliament, and (subject to the ruling of the government of the day) is likely to come into force next year. This article, written by Mark A Atherton, Director of Knowles Ltd, assesses the main changes to the legislation, and questions whether the reforms meet current industry needs, and will assist in providing an efficient and just construction dispute resolution system within the UK.

What makes a Sound Quantum Analyst? - The objective of this article is to identify and describe what seem to be the qualities, skills, and methods of working of the sound quantum analyst. The Article is written by Franco Mastrandrea LLB (Hons), MSc, PhD, FRICS, FCI Arb, Barrister.

Achieving excellence in construction - Partnering the supply chain…

Adjudicator v Arbitrator – let the Courts decide - Case law has shown that Arbitrator’s awards usually trump Adjudicator’s awards, and that monies owed under adjudication cannot then be set-off against an Arbitrator’s award. In the recent case of Workspace Management Ltd v YJL London Ltd [2009] EWHC 2017 TCC, Justice Coulson decides otherwise.

Counting The Cost Of Change - Toby Hunt, Senior Vice President, Hill International discusses managing the risk of change and avoiding delays in today’s construction environment.

Adjudication – Would you be ready? - If you received a referral in an Adjudication giving you seven days to respond, would you be ready? It isn't a lot of time, but Adjudication referral notices often stipulate that this is the maximum period allowable for you to submit your response. Vincent Techer, Consultant at Knowles Teesside, suggests some pointers for a successful adjudication:

Corporate Failure During Construction - It is not just high street retailers and manufacturers which are succumbing to the recession - construction companies are also feeling the pinch. Richard Hawkins FRICS FCIArb of Knowles gives some hints on how to avoid corporate failure during construction, and what to do should the worst happen.

The Battle of the Braes of Doune - Vice President David Carrick (Edinburgh) blows hot and cold over the construction of a wind farm in Scotland.

Domestic Adjudication - In the current economic climate, many homeowners are opting to renovate and extend rather than move house. But Diane and Anthony Culligan got more than they bargained for when they refurbished their four bathrooms. Andrew Rainsberry (Senior Vice President, London) looks at adjudication in the domestic environment

Duties to Warn - Vice President and Managing Director David Carrick (Edinburgh) jumps up and down and shouts about duties to warn and responsibilities in construction.