The JCT suite of contracts has a two stage process for terminating for breach.
Two recent decisions, one concerning a claim for a very large sum of money and one for one very much smaller, give further guidance on how limitation periods affect claims for payment under a construction contract.
Recent years have brought a host of challenges for the construction industry but what we expect for 2023?
Much attention and concern has focussed on the use of combustible cladding in high rise buildings since the Grenfell Tower tragedy in 2017 where a fire destroyed the 24-storey block of flats in North Kensington and 72 people died.
The consequences of failing to serve a valid pay less notice can be severe. In the recent case Advance JV v Enisca, this led to the contractor being liable to pay its subcontractor £2.7 million more than it considered was the proper entitlement.
The long-anticipated Building Safety Act (BSA) has completed its passage through Parliament and received Royal Assent. The BSA, which is the culmination of reforms following the Grenfell fire tragedy, has both been described as ‘the biggest changes to building safety legislation’ and having ‘changed beyond all recognition’ from the Building Safety Bill first introduced.
One of the first things you learn as a law student is that the standard limitation period for claims in contract is six years in the UK. But when do the six years start running?
With time pressures on project delivery, getting the contract agreed before works start is a recurring issue in the construction industry. In the recent case of Balfour Beatty Regional Construction Limited v Van Elle Ltd EWHC 794, the Technology and Construction Court (TCC) held that works carried out by a sub-contractor before a sub-contract was executed were still subject to the terms of that sub-contract.