This half-day course is presented by leading construction barrister Darryl Royce. It will explain the main developments in construction law over the past 12 months and review the most important cases.
It will focus in particular on:
Tortious duties of care - when mates fall out, non-delegable duties
Unfair contract terms – effect of negotiations
Payment – notices
Limitation – extension of period
Extensions of time – contiguous or what?
Global or total cost claims - any distinction?
Performance Bonds – need for determination by engineer, prospects of successfully defending and letters of credit
Insolvency – genuine cross-claim?
Third party costs orders – when can the discretion be exercised?
Total failure of consideration – the correct approach?
Statements of case – amendment after expiry of limitation period
Forms of contract – JCT 2016, NEC4
Bribery – proper supervision
Adjudication – Compromises - Non-compliant payment terms - Identification of unauthorized nominating body - Crystallisation of Dispute - Notice of adjudication - Arising under the contract - Effect of final certificate - Apparent bias - New argument in further adjudication - Costs - Errors - Summary judgment - Claim consultants’ costs - Offers - Stay of execution – Notices
Pre-action protocol – The amendments
Expert witnesses – need for independence
Contractors’ design obligations – the Supreme Court speaks