In light of Ryan Turner’s Society of Construction Law paper (Turner, Ryan. 210, May 2018, Hanging by a slender thread: Design obligations in construction contracts following MT Højgaard v E.ON) ,[1] and following the Supreme Court judgment,[2] this article will reflect upon English Law and the design obligations of construction contractors in both design-build […]
Once upon a time, on an international project (but I can’t disclose its location), I was involved in a dispute regarding a $ 60,000,000 claim by a contractor, which stated that it had been delayed due to unforeseen circumstances. The circumstances surrounding the commissioning of a Combined Heat and Power (CHP) system powered by a […]
The ‘New Engineering Contract’ first came into being in 1991. Today, the NEC 4 contract is actively utilised across various transport projects globally. In Ireland, it is being deployed on the exciting Metrolink project. The Irish Public Works Contract itself is a unique animal. It is not used internationally. It is a suite of standard […]
Construction Law is made up of various statutory and common law definitions. For example, the English Housing Grants and Construction Regeneration Act of 1996 defines a construction contract and construction operations. However, it distinguishes contracts for works and services from contracts for supplies. In Julian Bailey’s book ‘Construction Law Volume 1’ he states ‘It may […]
Letters of intent (LOI) are common throughout the construction industry. They contain a degree of risk and uncertainty. Letters of Intent are usually subject to a financial ‘cap’. Mobilising a contractor’s workforce or procuring long lead-in items are potentially valid reasons for issuing a letter of intent with good intentions by both parties. So how […]