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Our new address is Hamilton House, 87-89 Bell Street, Reigate, Surrey, RH2 7AN.

Litigation

We have particular experience of proceedings in the Technology and Construction Court and are familiar with the judges and clerks.

We have had the conduct of proceedings ranging from the enforcement of an adjudicator's decision, obtaining interlocutory injunctions through to taking complex, multi-party, high value cases to trial.

Over the course of several years, our lawyers have developed excellent relationships with leading members of the Technology and Construction Bar and with the best experts in construction and engineering matters.

We also advise and represent clients in general commercial litigation matters that are not specific to construction and engineering projects, such as insurance, professional negligence and insolvency matters.

Reported cases include: CIB Properties Ltd v Birse Construction Ltd; Ledwood v Kier; Richard Roberts Holdings Ltd v Douglas Smith Stimson Partnership; Team Services plc v Kier Management and Design Ltd.

Court Guidance on Extension of Time

Extension of time (EoT) refers to a contractual mechanism whereby relief from delay damages may be granted by adjustment of a contractual completion date. 

File size : 91 KB

Author : Peter Sheridan

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Aspects of Pursuing and Defending Loss and Expense Claims

A starting point for a loss and expense is compliance with any condintions precedent.  There are conditions precedent, for example, in JCT standard forms in relation to timely witten application, supporting information and details of loss of expense.  IF these are not complied with, the claim cannot succeed.  The provision of supporting information and details of loss and expense is therefore essential, but the courts take a common sense approach to the level of detail needed (see Walter Lilly v Mackay).

File size : 87 KB

Author : Peter Sheridan

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Defective Work: temporary Disconformity, Delay and Damages

When a contractor does work which is defective or non-compliant with specification, but there is time before the contractual completion date in which the problem could be fixed, is the contractor immediately liable in damages or is the defect merely a "temporary disconformity", which the contractor will put right before the completion date; and which becomes actionable only if it remains a problem at the completion date?

File size : 166 KB

Author : Peter Sheridan

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The Temporary Disconformity Concept

File size : 39 KB

Author : Jane Ryland

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Does it all add up - Liability Caps

File size : 33 KB

Author : Jonathan Marvin

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Regularly and Diligently

File size : 34 KB

Author : Michael Draper

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The latest ruling on global claims, Walter Lilly v Giles Mackay

File size : 33 KB

Author : Michael Draper

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Duty to Review Previous Advice

File size : 34 KB

Author : Jonathan Marvin

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Liability Caps does it all add up

File size : 33 KB

Author : Jonathan Marvin

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The Latest Ruling on Global Claims Walter Lily v Giles Mackay

File size : 33 KB

Author : Michael Draper

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Fitness for Purpose under Design and Build Contracts - Trebor v ADT

File size : 59 KB

Author : Jonathan Marvin

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Pre action Disclosure

File size : 33 KB

Author : Jonathan Marvin

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Good Faith and Hot Air

File size : 34 KB

Author : Jonathan Marvin

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More on Privilege

File size : 33 KB

Author : Jonathan Marvin

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Walter Lily v Giles Mackay Concurrent Delay

An issue that is often debated is whether a contractor is entitled to an extension of time where there could be more than one cause of the delay, each cause on its own would have resulted in the delay, and one of the causes would entitle the contractor to an extension of time, and the other cause(s) would not (concurrent delay).

File size : 47 KB

Author : Jonathan Gold

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Concurrent Delay and the Recent Judgement in City Inn Ltd v Shepherd Construction Ltd

An issue that often arises on construction projects is concurrent delay: where there is more than one cause, or potential cause, of delay; each event on its own would have caused the delay; and one cause would entitle the contractor to be compensated, and another would not.

There is much debate as to whether in such circumstances the contractor is entitled to compensation.

File size : 73 KB

Author : Jonathan Gold

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Legal Professional Privilege

In England and Wales, our legal system has a "cards on the table" approach to the disclosure of documents in litigation.  If you go to court, the basic rule, in simple terms, is that you will have to disclose every document that is or has been in your control, which helps or doesn't help you or which helps or doesn't help the other parties in the litigation.  This means that a party cannot hide something merely because they do not want the other side to see it.  But how does this apply to confidential advice from your professional team?

File size : 51 KB

Author : Jonathan Marvin

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Reasonable Endeavours, Best Endeavours

When obligations in contracts are drafted, it is often recognised that a particular result cannot be guaranteed.  The parties then may agree to impose an obligation to try to achieve the desired result.  This is often expressed as an obligation to use reasonable endeavours.  It is therefore important to understand what these expressions mean, what the differences between them are and the extent to which they can expose a party to ecpense in complying with whatever obligation is imposed. 

File size : 51 KB

Author : Peter Sheridan

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Construction Act Case Law Index

This case law subject index, covering cases concerned with the Housing, Grants Construction and Regeneration Act 1996 (HGCR Act) contains over 350 cases, generally with case references

File size : 416 KB

Author : Peter Sheridan

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