What Morrison means

Article Abstract:

A 1999 legal judgement is the first one to explore the new adjudication system for settling construction industry contract disputes. The two companies involved in the case, Macob Civil Engineering and Morrison Construction Group Ltd., disputed contract terms governing payment dates, and appointed an adjudicator. Morrison later claimed in court that the adjudicator's decision was invalid due to a procedural error. However, the court enforced the adjudicator's decision, on the basis that a decision is enforceable to accord with the spirit of the new scheme, even if it is invalid.

Cases, Contracts, Macob Civil Engineering, Morrison Construction Group Ltd.

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When winning doesn't pay

Article Abstract:

It is common for parties to a dispute to give little consideration to the cost repercussions of agreeing to the trial of preliminary issues. In general, the unsuccessful party pays the successful party's costs, but there can be problems associated with determining success or failure at the preliminary issue stage. This type of problem is not addressed by the new Civil Procedure Rules. It is therefore advisable not to embark on a preliminary issue without investigating the costs consequences.

Column, Costs (Law), Legal fees

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The comeback kid

Article Abstract:

The UK law governing liability for negligence is analysed. The high incidence of claims against builders during the 1970s and 1980s was stemmed by the Murphy ruling in 1991 but claims for physical loss may now increase.

Interpretation and construction, Construction law, Negligence, Duty of care (Law), Liability for building accidents

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