All posts in CONSTRUCTION LAW

Notes 1 The Company cannot request extra work and changes without express authority: Dodd v Churton [1897] 1 QB 562, (1897) 13 TLR 305. 2 H G Beale, Chitty on Contracts (32nd edn, Sweet & Maxwell 2015) paras 22–032 to 22–039. 3 For the legal test for when a term . . . Read more

Notes 1 [1945] 1 All ER 247. 2 See discussion in Robert Clay, Nicholas Dennys (eds), Hudson’s Building and Engineering Contracts (13th edn, Sweet & Maxwell 2015) para 9–050 ff. 3 (1880) 5 QBD 149. 4 (1991) 28 Con LR 109. 5 See Section B above on ‘Nature of work . . . Read more

Notes 1 For example, ch 6 on changes to the work and ch 7 on defects. 2 Maredelanto Compania Naviera SA v BerbauHandel GmbH (The Mihalis Angelos) [1970] 2 Lloyd’s Rep 43, [1970] 3 All ER 125. 3 As discussed in ch 10 in relation to acceptance and delivery. 4 . . . Read more

Notes 1 See para 13.59 ff. 2 See Rush & Tomkins Ltd v Greater London Council and Ors [1988] UKHL 7 (Lord Griffiths): ‘the contents of without prejudice correspondence … will not be admissible to establish any admission relating to the [party’s] claim’. 3 See Framlington Group Limited and Axa . . . Read more

Notes 1 The legal status of the act of delivery is the voluntary transfer of possession. 2 See ch 13 on termination and step-in rights.

Notes 1 Oscar Chess v Williams [1957] 1 WLR 370. Denning LJ observed that the ordinary meaning of both words is a binding promise. He stated: ‘Everyone knows what a man means when he says “I guarantee it” or “I warrant it” or “I give you my word on it”. . . . Read more

Notes 1 Such agreements are often described as carry over agreements and are discussed in more detail in ch 17. 2 [2001] CLC 1552. 3 [1998] 1 Lloyd’s Rep 609, [1998] 1 A11 ER 883. 4 Misrepresentation Act 1967 s 2(2). 5 See Johnson v Agnew [1980] AC 367, where . . . Read more

Notes 1 E J MacGillivray and others, MacGillivray on Insurance Law (13th edn, Sweet & Maxwell 2015). 2 Prudential Insurance Co v IRC [1904] 2 KB 658, 663. 3 Consideration is usually represented by the payment of premium or the promise to pay a premium, although it is possible for . . . Read more

Notes 1 Some may think that English law would be reluctant to incorporate any principles derived from French law, no matter how sensible, useful or popular these may be. 2 Tandrin Aviation Holdings Ltd v Aero Toy Store LLC [2010] EWHC 40 (Comm), [2010] 2 Lloyd’s Rep 668, at para . . . Read more

Notes 1 This chapter provides an overview of the key aspects of guarantees in relation to offshore construction contracts. For a detailed discussion of the topic see Geraldine Andrews, Richard Millett, Law of Guarantees. (6th edn, Sweet & Maxwell 2012). 2 See Spliethoff’s Bevrachtingskantoor BV v Bank of China Limite. . . . Read more