And finally...

Article Abstract:

Purchasers of materials or designs in the UK construction industry should ensure they are fully tested in situ, before a final certificate is issued. It is possible some faults will not be found during testing and they are considered to be a commercial risk which purchasers are liable to take. A case heard in the UK courts involved Tarmac Roadstone. They found structural faults in their 14 million pounds sterling plant after the final certificate had been issued. it was built by Matthew hall Ortech. The High Court decided Ortech was not liable because the final certificate was in existence.

Building, Developing, and General Contracting, Contract Construction, Interpretation and construction, Road construction industry, Construction law, Construction contracts, Tarmac Roadstone, Matthew Hall Ortech

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Jumping the queue

Article Abstract:

A recent case demonstrates how JCT81 can be by-passed, allowing subcontractors to be paid direct by an employer, if the main contractor has gone into liquidation. The case involves employer Londonderry Port Commissioners; main contractor McLaughlin & Harvey; and subcontractor B Mullan. JCT81 stipulates that subcontractors cannot be paid direct by an employer if the main contractor has gone into liquidation. Details of the case are included.

Laws, regulations and rules, Payment

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Making value judgements

Article Abstract:

A case heard in the Scottish Court of Sessions gives valuable guidance on how contractors can ensure a fair price for construction projects that have changed beyond the original contract. The case, ERDC Construction Ltd. v H.M. Love and Company Ltd., centres around refurbishment work in Edinburgh. Details of the case are presented.

Construction

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