The absolute limit

Article Abstract:

The UK Law Commission's consultation document 'Limitation of Actions,' which deals with limitation periods for defects liability, proposes that the starting date for limitation purposes will be when the defect has or should have been discovered. It recommends a long-stop after which all claims will become time-barred, irrespective of the claimant's knowledge. In taking this approach, the Law Commission has gone against the widely held view in the construction industry that a single period of 10 years from the date of practical completion should apply to claims for breach of contract and for negligence claims.

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The dangers of settlements: settling claims where several parties may be implicated can have knock-on effects for all concerned, a crucial fact that construction managers need to remember

Article Abstract:

There are risks associated with settling claims under one contract on construction sites due to the multiplicity of the parties involved. Delay and disruption claims can involve allegations of delays due to variations caused by architect design errors, or arising from delays caused by client change. In extreme cases a subcontractor may have delayed a subcontractor due to his own incompetenece, so those making a claim must show that losses have been caused by the breach.

Contracts

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Check your fitness

Article Abstract:

There are a number of complicated legal issues connected with 'fitness for purpose' liability in the construction industry. The most important one is the distinction between contracts for the supply of services and contracts for the supply of goods and services. In certain cases, there is no breach of the 'fitness' requirement but there could be a breach of the warranty to ensure adequate care and skill.

Analysis, Liability (Law), Legal liability

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