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NHBC buildmark cover homeowners may not be required to give written notification of defects

  • Nabarro LLP
  • -
  • United Kingdom
  • -
  • November 1 2011

This article considers the potential liabilities facing developers under the National House-Building Council (NHBC) Buildmark insurance scheme in respect of defects found in their buildings in the wake of the recent decision in Harrison and others v Shepherd Homes Ltd and others in the Technology and Construction Court

Adjudication does a withholding notice have to be issued in order to raise a counterclaim?

  • Nabarro LLP
  • -
  • United Kingdom
  • -
  • November 1 2011

In deciding disputes in relation to payment under construction contracts, adjudicators have often taken the view that, in order to withhold any sums under the contract, a valid withholding notice must be issued

Abolition of expert witness immunity by the Supreme Court implications for the resolution of constructions disputes

  • Nabarro LLP
  • -
  • United Kingdom
  • -
  • April 20 2011

Until now, expert witnesses who gave evidence in court could not be sued for giving evidence negligently or for the negligent content of a report on which their evidence is based

Be careful what you say the erosion of the sanctity of the ‘Without Prejudice’ rule

  • Nabarro LLP
  • -
  • United Kingdom
  • -
  • April 20 2011

When parties enter discussions to try and resolve a dispute they may state that such discussions are "without prejudice", preventing the other party from later raising them in evidence in any proceedings

Competition Appeal Tribunal slashes OFT construction fines

  • Nabarro LLP
  • -
  • United Kingdom
  • -
  • April 20 2011

A number of construction companies were successful in their appeal to the Competition Appeal Tribunal (CAT) to reduce the fines imposed by the Office of Fair Trading (OFT) in its "Bid rigging in the construction industry" decision

Concurrent delay: back to basics (again)

  • Nabarro LLP
  • -
  • United Kingdom
  • -
  • October 26 2010

During a construction project, a number of events are likely to have arisen that appear to have delayed completion

Practical completion: getting it right in the credit crunch

  • Nabarro LLP
  • -
  • United Kingdom
  • -
  • April 23 2010

Practical completion is a term of art, which is often misunderstood and frequently misapplied

Just because it might be wrong, that doesn't mean it's unjust: the courts will enforce quick-fire adjudication decisions

  • Nabarro LLP
  • -
  • United Kingdom
  • -
  • March 8 2010

Statutory adjudication of disputes over construction contracts was introduced to counter unacceptable delays and expense in traditional dispute resolution processes

CPA model conditions fail to protect owner of construction plant

  • Nabarro LLP
  • -
  • United Kingdom
  • -
  • January 15 2010

The Construction Plant Hire Association's Models Conditions for Plant Hire 2001 (CPA Model Conditions) are widely used throughout the construction industry

Statutory right to adjudicate extended as the TCC adopts a narrow approach to exclusions

  • Nabarro LLP
  • -
  • United Kingdom
  • -
  • October 5 2009

A recent Technology and Construction Court decision has confirmed that the ‘construction operations’ which are excluded from the Housing Grants, Construction and Regeneration Act 1996 (the "Construction Act") should be interpreted narrowly to ensure that non-specialist contractors and subcontractors down the contractual chain are not unfairly excluded