July 2019

In this issue we feature an article by the honourable Minister for Building and Construction, Jenny Salesa, with an invaluable insight on the proposed Building Law Reform Programme. In Case in Brief, Jeremy Glover makes a commentary on two recent Construction Law cases. In PBS Energo AS v Bester Generacion UK Ltd he makes an insightful analysis of the dismissal of an application for the summary enforcement of an adjudication decision; whereas in Mears Ltd v Costplan Services (South East) Ltd & Ors, Jeremy brings us the Court findings on the definition of ‘practical completion’, among other highlights of the case.

Continuing with the topic of adjudication, Misha Rouyanian and Namira Rahman discuss a case from NSW where an adjudicator’s decision was rendered void on the grounds that there was no valid contract between the parties. Also, Sarah Leaver & Karen Clarke look at the impact of a recent Commercial Court decision that has considered the ability of an employer to recover payments made directly to subcontractors from its main contractor. We also look at the recent case law related to the risk of using appendices for additional contractual documents; the decision as to liability for the Lacrosse Tower fires case; and the Supreme Court final say on the ‘on sold’ earthquake damaged properties insured by IAG during the Canterbury earthquakes.

CONTENTS
  • Building Law Reforms: raising the bar across the sector

  •  New government procurement rules announced (4th Edition)

  •  Case in Brief: 
    PBS Energo AS v Bester Generacion UK Ltd [2019] EWHC 996 (TCC)
    Mears Ltd v Costplan Services (South East) Ltd & Ors [2019] EWCA Civ 502

  • Paying subcontractors directly: stormy waters for employers

  • Contractual appendices: Ignore at your peril

  • The delaminating disaster

  • The Supreme Court reinstatement is not a right that can be assigned

  • Adjudicator’s decision void because No “Contract or other arrangement” found to exist between the parties