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Construction and materials industries

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The A to Z of the Maastricht treaty

Article Abstract:

The objectives of the Maastricht treaty are influenced by the principle of subsidiarity. The European Commission's move towards harmonisation of the construction industry could lead to clashes with subsidiarity. The Commission has proposed that people should be able to buy houses on the same terms anywhere within the EC (European Community.) Problems occur in the harmonisation of rights and obligations within the construction of factories, shopping precincts and offices. Harmonisation of compensation for damage rights could cause problems because of conflicting national laws on tort and breach of contract.

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Assignment rulings heading for Lords

Article Abstract:

The Court of Appeal recently gave judgement on two cases, setting down its position on restrictions on assignment and on whether the original contractor can obtain damages for unsatisfactory work even if the faults were corrected by another party. In the case of St Martins Corporation v Sir Robert McAlpine, the Court said that, in principle, claims could be made against the contractors, but ruled that the prohibitions against assignment did not apply following completion to claims for damages for breach of contract coming under the contract terms. Both cases are now to be considered by the House of Lords.

Construction, Contracts, Building

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Inheriting the right to sue has its limits

Article Abstract:

Legal devices vary according to the financial status of the construction company involved. A contractor who has a fair payment claim but is also faced with a fair counter claim will be treated according to whether he is solvent or insolvent. If the contractor is insolvent or nearly insolvent then the counterclaim will take precedence. If the company is solvent then the assignee of the counterclaim can only receive the net amount and must have a commercial interest in the claim.

Cases, Construction law

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