A legal Christmas tale
A raft of judicial decisions this year have had important ramifications for the property industry. EG’s Legal Notes team adopt a seasonal slant as they look at the winners and the losers
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Contracts – No adjudication for third party rights?
Parkwood controversially decided that a collateral warranty has a “construction contract” for Construction Act purposes. Nick Lane and Johnny Kelly ask whether the same would apply to third party rights schedules
Mission somewhat improbable
A recent decision of the TCC shows how the unsuccessful party to a Construction Act adjudication can still avoid paying money to the other side. Stuart Pemble considers when a court will order a stay of execution
A judicial blockbuster
A dispute over the correct identity of the contractor carrying out enabling works should prove a boon to law students for years to come
An error of judgment
Akenhead J has ruled that a collateral warranty was a construction contract for the purposes of the Housing Grants, Construction and Regeneration Act 1996. Stuart Pemble queries his reasoning
Battle of the insurers
An architect’s insolvency highlights issues that can arise when claims are made under construction insurance policies
A matter of time
Stuart Pemble investigates a case which needed the Court of Appeal to resolve the conundrum of when delay justifies termination for repudiatory breach
Not in my name
The law recognises a company as a legal entity with an identity that is distinct from that of its directors or shareholders. This difference in identity can cause problems, as Stuart Pemble explains
Mission impossible?
The TCC has once again robustly dismissed an attempt to challenge an adjudicator’s award on jurisdictional grounds
Remote expectations
Stuart Pemble considers whether a case involving delay by an engineer signals a possible change in the law on the recoverability of damages caused by a volatile property market
