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When is a collateral warranty a “construction contract”?

Practical Law Construction

Or should that be, when is a collateral warranty not a construction contract? In addition to the fascinating judicial review cases being brought by the Good Law Project, one case that caught my eye was Timberbrook Ltd v Grant Leisure Group Ltd because it concerned the construction of a new orangutan enclosure at Blackpool Zoo.

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Recent COVID-19 related force majeure decisions: what do they mean for construction contracts?

Practical Law Construction

Indeed, it is uncommon to see terms such as “pandemic” or “infectious viral disease” referred to in a construction contract’s force majeure clause (whether this changes will be the subject of much debate among drafters going forward). M/45/M of 08/05/1442AH (the KSA Decision) in late 2020. Recent case law.

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NEC4: 2020 amendments

Practical Law Construction

Prior to the 2020 updates, Option X7 provided that delay damages would be recoverable until the earlier of “Completion” or the date on which the client takes over the works. The 2020 update clarifies Option X7 to provide that delay damages end on the date on which the project manager issues a termination certificate.

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Calculating the final date for payment under a construction contract

Practical Law Construction

In Rochford Construction Ltd v Kilhan Construction Ltd , that is pretty much what Rochford did, since it refused to pay the sums the adjudicator awarded and, instead, issued Part 8 proceedings asking the court for a number of declarations, all of which (if successful) would have had the effect of reducing its liability to Kilhan to zero.

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Ireland’s Construction Contracts Act 2013 before the courts

Practical Law Construction

Some of us are old enough (just) to remember life before statutory adjudication was a thing, before the Construction Act 1996 was enacted and came into force. Roll forward to 2021 and statutory adjudication is an integral part of the legal landscape that most construction practitioners have only ever known.

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Constructing the Gold Standard – public sector frameworks

Practical Law Construction

December 2021 saw the publication of the independent review of public sector construction frameworks, commissioned by the Cabinet Office, and led by Professor David Mosey PhD. The Gold Standard will need to be met by all future public sector construction frameworks. Why are frameworks considered to be key? What are the issues?

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Cranes on the horizon: construction disputes in Russia

Practical Law Construction

This post is part of a series covering issues that frequently arise in construction law disputes, each with a specific regional focus. The Russian construction sector has experienced significant activity in recent years. The COVID-19 pandemic has resulted in a projected contraction of the construction industry in Russia by 3.8%