If the trigger for the sale or lease of a newly constructed development is its 'practical completion', just how complete does it actually have to be? A decision of the Technology and Construction Court, recently upheld by the English Court of Appeal, provides some helpful definition of a key but generally undefined term used in construction contracts.
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Latest articles from Michael Conroy
It would seem obvious that for any contract to appoint a consultant it should be clear from its terms who the contract is between and what services are to be provided. A recent English case is a classic illustration of the dangers of failing to properly document a consultant's appointment.
The recent court case demonstrates why the cost certainty for employers of lump sum prices should be balanced with certainty and/or a proper pricing of any risk in the scope for the contractor, particularly where the scope of works is widely drawn and its content uncertain.
In light of the recent woes brought on in part by delays in high risk construction projects, Harper Macleod's Head of Construction, Michael Conroy, compares the Scots and English law positions in relation to 'concurrent delays' and suggests practical steps to be taken by parties to contracts which may reduce or mitigate their exposure from disputes.
The poor health and safety record of the UK construction industry has long been an issue for government. The latest attempt to regulate the industry is the Construction Design and Management Regulations 2015 (the Regulations) which identify and impose responsibilities and duties on the various parties involved in the delivery of projects. Here we examine how the Regulations deal with the situation where there is more than one party that can be regarded as 'the Client' for the purposes of the Regulations.