The document summarizes three UK construction law cases from 2013:
1) John Grimes Partnership v Gubbins - The Court of Appeal held an engineer liable for damages caused by project delays, including losses from a decline in property values.
2) Parkwood Leisure v Laing O'Rourke - A collateral warranty was deemed a "construction contract" subject to adjudication due to language stating works were still to be completed.
3) Urban I v Ayres - The Court of Appeal found project delays did not entitle buyers to terminate as they were not deprived of the whole contract benefit, overturning a trial decision.
This document summarizes a court case between Mr. and Ms. McKenzie and a building contractor, Mr. Dean, regarding defects in the construction of the McKenzie's home. The Tribunal ordered Mr. Dean to pay the McKenzies $55,416 to cover damages agreed upon by both parties and additional damages assessed by the Tribunal for other defects. Key defects included inadequate reinforcement in walls, defective concrete footings, non-compliant downpipe spacing, and failure to install eaves at the specified 600mm depth. The Tribunal found evidence provided by structural engineers supported many of the McKenzie's claims.
Playing nice with the neighbors dealing with adjoining properties during cons...francistoriaga
This document discusses considerations for dealing with adjoining properties during construction projects in New York City. It notes that construction is booming in NYC, requiring developers and owners to understand how their projects impact neighbors and comply with building codes. The key requirements are to protect neighboring footings, foundations, walls and roofs from damage, control water runoff, secure access to perform inspections and monitoring, and notify neighbors. When negotiating a license agreement for access, the top considerations include clearly defining the scope of access work, conducting a pre-construction survey, providing insurance, documenting any damage, establishing communication procedures, and paying a small license fee to avoid conflicts.
This document provides information about a group called Integral Consultants that offers building loss consulting services. It consists of experienced building loss specialists with over 25 years of experience each. The group provides claims services, loss prevention services, mediation services, and underwriting services. It then profiles four associates of the group and their experience. The document goes on to describe the types of reports and services offered, including underwriting reports, claims reports, dispute resolution reports, and reports for building owners. It provides examples and descriptions of specific reports like underwriting appraisal reports, loss appraisal reports, and damage assessment reports.
Construction Defect Claims: The Ins & The Outs, The Do's & The Don'tsSamantha Ip
This document summarizes key issues relating to construction defect claims in British Columbia. It discusses claims based on breach of contract and negligence, the requirement of proving a "dangerous defect" in negligence claims, the duty to warn of defects, negligent misrepresentation claims, how damages are assessed, and limitation periods for construction defect claims in BC. The presentation was delivered by lawyers from Clark Wilson LLP at the BUILDEX Vancouver conference on February 14, 2013.
Kevin Edge is a property developer in Hertfordshire who has decades of experience in the construction industry. He recently completed converting a former gym into four high-quality HMOs near a train station. Each HMO has three bedrooms, large kitchen, and bathroom. This created more profitable units than traditional flats. Kevin's extensive industry knowledge helped add value during the conversion. He plans to hold the properties for long-term rental income but may eventually sell. Kevin aims to continue growing his property development business using his expertise to create desirable projects.
This document summarizes four articles from community newspapers about development issues in Baguio City, Philippines. The winner discusses a project where a church was rebuilt in a sustainable design using recycled materials like bottles. A finalist article discusses how chemicals in construction materials can cause health problems for workers. Another finalist talks about how overdevelopment has negatively impacted Baguio City by increasing temperatures, encroaching on forests, and worsening traffic. The last finalist questions whether the problems from Baguio City's development can be solved and if residents are willing to address challenges.
IRJET- Case Study on Uplifting of StructuresIRJET Journal
This document discusses lifting structures to raise them above their foundations. It provides context on the history of structure lifting and describes the process. Key points:
- Lifting structures involves raising them above the existing foundation and building a new foundation underneath. This is commonly done to protect coastal homes from flooding.
- There are several steps to safely lift a structure, including evaluating the foundation, installing lifting beams, raising the structure with jacks, and extending the foundation walls.
- Lifting structures is an alternative to reconstruction and allows people to maintain their emotional connection to a building when road levels increase or flooding occurs regularly. It is a complex process but can be cheaper than full reconstruction.
The document summarizes NYC's CoolRoofs program which aims to reduce energy costs and greenhouse gas emissions by coating roofs white. Key points:
- Applying white coatings to roofs makes them cooler, lowering building temperatures and energy bills by 10-30%. Coated roofs last longer and have lower maintenance costs.
- The CoolRoofs program offers free roof inspections and coordinates volunteers to apply white coatings. It also provides discounts on coating materials.
- Widespread use of white roofs could lower NYC temperatures by 1°F, reducing energy use, air pollution and heat-related illnesses while cutting carbon emissions.
This document summarizes a court case between Mr. and Ms. McKenzie and a building contractor, Mr. Dean, regarding defects in the construction of the McKenzie's home. The Tribunal ordered Mr. Dean to pay the McKenzies $55,416 to cover damages agreed upon by both parties and additional damages assessed by the Tribunal for other defects. Key defects included inadequate reinforcement in walls, defective concrete footings, non-compliant downpipe spacing, and failure to install eaves at the specified 600mm depth. The Tribunal found evidence provided by structural engineers supported many of the McKenzie's claims.
Playing nice with the neighbors dealing with adjoining properties during cons...francistoriaga
This document discusses considerations for dealing with adjoining properties during construction projects in New York City. It notes that construction is booming in NYC, requiring developers and owners to understand how their projects impact neighbors and comply with building codes. The key requirements are to protect neighboring footings, foundations, walls and roofs from damage, control water runoff, secure access to perform inspections and monitoring, and notify neighbors. When negotiating a license agreement for access, the top considerations include clearly defining the scope of access work, conducting a pre-construction survey, providing insurance, documenting any damage, establishing communication procedures, and paying a small license fee to avoid conflicts.
This document provides information about a group called Integral Consultants that offers building loss consulting services. It consists of experienced building loss specialists with over 25 years of experience each. The group provides claims services, loss prevention services, mediation services, and underwriting services. It then profiles four associates of the group and their experience. The document goes on to describe the types of reports and services offered, including underwriting reports, claims reports, dispute resolution reports, and reports for building owners. It provides examples and descriptions of specific reports like underwriting appraisal reports, loss appraisal reports, and damage assessment reports.
Construction Defect Claims: The Ins & The Outs, The Do's & The Don'tsSamantha Ip
This document summarizes key issues relating to construction defect claims in British Columbia. It discusses claims based on breach of contract and negligence, the requirement of proving a "dangerous defect" in negligence claims, the duty to warn of defects, negligent misrepresentation claims, how damages are assessed, and limitation periods for construction defect claims in BC. The presentation was delivered by lawyers from Clark Wilson LLP at the BUILDEX Vancouver conference on February 14, 2013.
Kevin Edge is a property developer in Hertfordshire who has decades of experience in the construction industry. He recently completed converting a former gym into four high-quality HMOs near a train station. Each HMO has three bedrooms, large kitchen, and bathroom. This created more profitable units than traditional flats. Kevin's extensive industry knowledge helped add value during the conversion. He plans to hold the properties for long-term rental income but may eventually sell. Kevin aims to continue growing his property development business using his expertise to create desirable projects.
This document summarizes four articles from community newspapers about development issues in Baguio City, Philippines. The winner discusses a project where a church was rebuilt in a sustainable design using recycled materials like bottles. A finalist article discusses how chemicals in construction materials can cause health problems for workers. Another finalist talks about how overdevelopment has negatively impacted Baguio City by increasing temperatures, encroaching on forests, and worsening traffic. The last finalist questions whether the problems from Baguio City's development can be solved and if residents are willing to address challenges.
IRJET- Case Study on Uplifting of StructuresIRJET Journal
This document discusses lifting structures to raise them above their foundations. It provides context on the history of structure lifting and describes the process. Key points:
- Lifting structures involves raising them above the existing foundation and building a new foundation underneath. This is commonly done to protect coastal homes from flooding.
- There are several steps to safely lift a structure, including evaluating the foundation, installing lifting beams, raising the structure with jacks, and extending the foundation walls.
- Lifting structures is an alternative to reconstruction and allows people to maintain their emotional connection to a building when road levels increase or flooding occurs regularly. It is a complex process but can be cheaper than full reconstruction.
The document summarizes NYC's CoolRoofs program which aims to reduce energy costs and greenhouse gas emissions by coating roofs white. Key points:
- Applying white coatings to roofs makes them cooler, lowering building temperatures and energy bills by 10-30%. Coated roofs last longer and have lower maintenance costs.
- The CoolRoofs program offers free roof inspections and coordinates volunteers to apply white coatings. It also provides discounts on coating materials.
- Widespread use of white roofs could lower NYC temperatures by 1°F, reducing energy use, air pollution and heat-related illnesses while cutting carbon emissions.
Introductory Note on International Construction ContractsFrancis Ho
Olswang LLP is a limited liability partnership in England and Wales that is authorized and regulated by the Solicitors Regulation Authority. The document discusses several key points regarding international construction contracts: (1) common standard form contracts used internationally include FIDIC, ICE, IChemE, CIOB, and NEC contracts; (2) while UK forms can be adapted, it is not recommended as they are too locally specific and international contractors prefer standard international forms; (3) the various FIDIC contracts - Red, Yellow, Silver, Pink, Gold, Blue, White, and subcontract - are introduced along with their key purposes and differences.
This document outlines 14 steps for studying human physiology, beginning from informal observation starting at conception through to professional academic study. Key aspects of the study include observing signs and symptoms in patients; correlating observations from daily life with structural and functional abnormalities; applying principles of physics and chemistry to explain interactions in the human body; and using technology like microscopes to study cells and their membranes. Hypothesis testing and asking questions are important to developing a deeper understanding of human physiology.
Dr. Shriniwas Janardan Kashalikar discusses his new study of the Bhagavad Gita. He analyzes various chapters and concepts in the Gita, including Arjuna's depiction in chapter 1, the explanation of cosmic consciousness in chapter 2, the concept of swadharma in chapters 3-6, and Lord Krishna's revelation of his omnipresent nature in chapter 7. Kashalikar also discusses the concept of ahimsa in the Gita and obstacles to practicing swadharma. He emphasizes practicing sadhana such as namasmaran to connect with cosmic consciousness and influence both inner and outer environments.
This search engine optimization report provides rankings for 44 keywords and 2 URLs on 7 search engines from December 29, 2009 and a comparison date of December 18, 2009. The report found rankings in the top 30 for 401 keywords and listings, with 92 listings ranked number 1. 183 listings were new or moved up in rankings, while 302 remained unchanged and 109 dropped or moved down. Keywords related to belchfire torch, Foundry Heating Torches, and cast iron crack repair torch saw many top rankings.
This 3 sentence summary provides the high level information about the document:
This report from Splinternet Marketing analyzes the search engine ranking and visibility of their website and keywords over time on search engines like Google, Bing, and others. The results show that their rankings have improved overall with 14 listings new or moving up and no listings dropping or moving down. The report also provides specific ranking positions and changes for their targeted keywords on each search engine.
The document discusses the wide-ranging effects of stress on secretion leads to insomnia.
all aspects of individual life including the mind, body, c) Stressors can act on the hypothalamus which is
intelligence, education, career, relationships, family, and responsible for regulation of autonomic nervous system
social behavior. It outlines how stress can manifest physically and endocrine system. Disturbance in hypothalamic
through appearance, the nervous system, cardiovascular
R E M E D I E S I F O U N D U S E F U L I N J O I N T P A I N S D R S...shriniwaskashalikar
Drinking 3-4 glasses of water in the morning on an empty stomach, drinking cow milk with dry ginger and turmeric, and taking fenugreek sprouted beans in the morning or evening can help with joint pains according to Dr. Shriniwas Kashalikar. He also recommends avoiding cold foods and drinks, eating chyavanaprash, gentle oil massages, breathing exercises, and practicing "superliving".
This document discusses the practice of Namasmaran. It states that understanding of Namasmaran deepens and becomes integrated into one's entire personality over time. The document also states that through Namasmaran, one's attention shifts from sensory desires inward to the core. It notes there are benefits like silence, absence of ill thoughts, and a focus away from sensory pursuits during the practice. The document explores how Namasmaran embodies the ingredients of yoga and has healing capacities, though it may not reveal all of its aspects to everyone. It likens Namasmaran to things like constructing a source of nectar, creating a garden, and breathing oxygen.
This document outlines a workshop on telling impact stories. The workshop covers why stories are important for nonprofits, key elements of effective storytelling, and provides guidance on writing impactful stories in 3 sentences or less that highlight a hero, obstacle, solution, and outcome. Attendees practice writing stories about clients their organizations have helped and discuss how to share these stories through various channels to engage audiences and convey their impact.
The document describes the author's childhood visits to the Laxmi Narayan temple in Walaval, India. As a child, the author enjoyed the scenic drive through green areas and small shops selling snacks and tea. The centuries-old temple and nearby lake made strong impressions. As an adult, the author's beliefs drifted after learning Marxist analysis but they have since realized the importance of family deities in guiding individuals towards cosmic consciousness from a young age in a gentle way through participation in worship and cultural activities. Visiting the Laxmi Narayan temple continues to be a rejuvenating reminder of this guidance.
The summary provides an overview of a search engine optimization report generated by Batcave Productions. The report analyzed rankings for 11 keywords and 3 URLs across 4 search engines. It found that 37 listings were new or moved up, while 2 listings dropped or moved down. A total of 39 listings were analyzed in the report.
Namasmran is remembering the name of God, one's guru, or great souls through chanting, singing, or silently. It is a way to reconnect one's physiological self with one's true spiritual self. Namasmran is considered the highest form of yoga and meditation as it is a culmination of all spiritual practices and aims to unify individual consciousness with objective cosmic consciousness. Regular practice of namasmran can help rise above commercial and material concerns and manifest higher purpose in one's life. It is an ocean of bliss that is beyond full description.
Why, What, and of How Marketing MeasurementKathy Herrmann
This document discusses the why, what, and how of marketing measurement. It explains that proactive measurement leads to insights that assess campaign value and focus, benchmark performance, gauge market trends, and evaluate audiences. These insights allow optimal alignment of marketing with strategic goals. Measurement is the starting point for gaining insights that drive better business decisions and marketing effectiveness. The document provides guidance on establishing best practices, determining supporting technology, defining measurement plans for campaigns, and determining a measurement framework. It also discusses challenges like information hoarding and how to address them.
Utilização de tecnologias nas bibliotecas universitárias e a aplicacação da Web semântica, do cloud computing, das ontologias. Qual a evolução para o modelo das bibliotecas académicas e paras as competências dos Bibliotecários
Organizations need visibility and control of the hardware and software assets deployed in their environments. Discovery and inventory are the key first steps to gaining that visibility. The next step is to analyze and normalize the raw inventory data to identify the publishers, titles, versions and editions of software installed on each device. This normalized inventory data is the foundation for a number of business processes, including— software asset management and license compliance (IT Operations), software vulnerability management (Security), and IT service management. There are many business benefits that come from having normalized inventory, such as—identification of unauthorized software in the environment which could pose a security risk, rationalization and consolidation of the software portfolio to reduce management and support costs, and more.
Attend this webinar to hear about:
-Normalized Inventory Use Cases and Associated Business Value
-FlexNet Normalized Inventory for Clients
-FlexNet Normalized Inventory for Servers
Playing Nice with the Neighbors Dealing with Adjoining Properties During Cons...Ryan Slack
This document discusses considerations for dealing with adjoining properties during construction projects in New York City. It notes that construction is booming in NYC, requiring developers and owners to understand how their projects impact neighbors and comply with building codes. The key requirements are to protect neighboring footings, foundations, walls and roofs from damage, control water runoff, secure access to perform inspections and monitoring, and notify neighbors. When negotiating a license agreement for access, the top considerations include clearly defining the scope of access work, conducting a pre-construction survey, providing insurance, documenting any damage, establishing communication procedures, and paying a small license fee to avoid conflicts.
Introductory Note on International Construction ContractsFrancis Ho
Olswang LLP is a limited liability partnership in England and Wales that is authorized and regulated by the Solicitors Regulation Authority. The document discusses several key points regarding international construction contracts: (1) common standard form contracts used internationally include FIDIC, ICE, IChemE, CIOB, and NEC contracts; (2) while UK forms can be adapted, it is not recommended as they are too locally specific and international contractors prefer standard international forms; (3) the various FIDIC contracts - Red, Yellow, Silver, Pink, Gold, Blue, White, and subcontract - are introduced along with their key purposes and differences.
This document outlines 14 steps for studying human physiology, beginning from informal observation starting at conception through to professional academic study. Key aspects of the study include observing signs and symptoms in patients; correlating observations from daily life with structural and functional abnormalities; applying principles of physics and chemistry to explain interactions in the human body; and using technology like microscopes to study cells and their membranes. Hypothesis testing and asking questions are important to developing a deeper understanding of human physiology.
Dr. Shriniwas Janardan Kashalikar discusses his new study of the Bhagavad Gita. He analyzes various chapters and concepts in the Gita, including Arjuna's depiction in chapter 1, the explanation of cosmic consciousness in chapter 2, the concept of swadharma in chapters 3-6, and Lord Krishna's revelation of his omnipresent nature in chapter 7. Kashalikar also discusses the concept of ahimsa in the Gita and obstacles to practicing swadharma. He emphasizes practicing sadhana such as namasmaran to connect with cosmic consciousness and influence both inner and outer environments.
This search engine optimization report provides rankings for 44 keywords and 2 URLs on 7 search engines from December 29, 2009 and a comparison date of December 18, 2009. The report found rankings in the top 30 for 401 keywords and listings, with 92 listings ranked number 1. 183 listings were new or moved up in rankings, while 302 remained unchanged and 109 dropped or moved down. Keywords related to belchfire torch, Foundry Heating Torches, and cast iron crack repair torch saw many top rankings.
This 3 sentence summary provides the high level information about the document:
This report from Splinternet Marketing analyzes the search engine ranking and visibility of their website and keywords over time on search engines like Google, Bing, and others. The results show that their rankings have improved overall with 14 listings new or moving up and no listings dropping or moving down. The report also provides specific ranking positions and changes for their targeted keywords on each search engine.
The document discusses the wide-ranging effects of stress on secretion leads to insomnia.
all aspects of individual life including the mind, body, c) Stressors can act on the hypothalamus which is
intelligence, education, career, relationships, family, and responsible for regulation of autonomic nervous system
social behavior. It outlines how stress can manifest physically and endocrine system. Disturbance in hypothalamic
through appearance, the nervous system, cardiovascular
R E M E D I E S I F O U N D U S E F U L I N J O I N T P A I N S D R S...shriniwaskashalikar
Drinking 3-4 glasses of water in the morning on an empty stomach, drinking cow milk with dry ginger and turmeric, and taking fenugreek sprouted beans in the morning or evening can help with joint pains according to Dr. Shriniwas Kashalikar. He also recommends avoiding cold foods and drinks, eating chyavanaprash, gentle oil massages, breathing exercises, and practicing "superliving".
This document discusses the practice of Namasmaran. It states that understanding of Namasmaran deepens and becomes integrated into one's entire personality over time. The document also states that through Namasmaran, one's attention shifts from sensory desires inward to the core. It notes there are benefits like silence, absence of ill thoughts, and a focus away from sensory pursuits during the practice. The document explores how Namasmaran embodies the ingredients of yoga and has healing capacities, though it may not reveal all of its aspects to everyone. It likens Namasmaran to things like constructing a source of nectar, creating a garden, and breathing oxygen.
This document outlines a workshop on telling impact stories. The workshop covers why stories are important for nonprofits, key elements of effective storytelling, and provides guidance on writing impactful stories in 3 sentences or less that highlight a hero, obstacle, solution, and outcome. Attendees practice writing stories about clients their organizations have helped and discuss how to share these stories through various channels to engage audiences and convey their impact.
The document describes the author's childhood visits to the Laxmi Narayan temple in Walaval, India. As a child, the author enjoyed the scenic drive through green areas and small shops selling snacks and tea. The centuries-old temple and nearby lake made strong impressions. As an adult, the author's beliefs drifted after learning Marxist analysis but they have since realized the importance of family deities in guiding individuals towards cosmic consciousness from a young age in a gentle way through participation in worship and cultural activities. Visiting the Laxmi Narayan temple continues to be a rejuvenating reminder of this guidance.
The summary provides an overview of a search engine optimization report generated by Batcave Productions. The report analyzed rankings for 11 keywords and 3 URLs across 4 search engines. It found that 37 listings were new or moved up, while 2 listings dropped or moved down. A total of 39 listings were analyzed in the report.
Namasmran is remembering the name of God, one's guru, or great souls through chanting, singing, or silently. It is a way to reconnect one's physiological self with one's true spiritual self. Namasmran is considered the highest form of yoga and meditation as it is a culmination of all spiritual practices and aims to unify individual consciousness with objective cosmic consciousness. Regular practice of namasmran can help rise above commercial and material concerns and manifest higher purpose in one's life. It is an ocean of bliss that is beyond full description.
Why, What, and of How Marketing MeasurementKathy Herrmann
This document discusses the why, what, and how of marketing measurement. It explains that proactive measurement leads to insights that assess campaign value and focus, benchmark performance, gauge market trends, and evaluate audiences. These insights allow optimal alignment of marketing with strategic goals. Measurement is the starting point for gaining insights that drive better business decisions and marketing effectiveness. The document provides guidance on establishing best practices, determining supporting technology, defining measurement plans for campaigns, and determining a measurement framework. It also discusses challenges like information hoarding and how to address them.
Utilização de tecnologias nas bibliotecas universitárias e a aplicacação da Web semântica, do cloud computing, das ontologias. Qual a evolução para o modelo das bibliotecas académicas e paras as competências dos Bibliotecários
Organizations need visibility and control of the hardware and software assets deployed in their environments. Discovery and inventory are the key first steps to gaining that visibility. The next step is to analyze and normalize the raw inventory data to identify the publishers, titles, versions and editions of software installed on each device. This normalized inventory data is the foundation for a number of business processes, including— software asset management and license compliance (IT Operations), software vulnerability management (Security), and IT service management. There are many business benefits that come from having normalized inventory, such as—identification of unauthorized software in the environment which could pose a security risk, rationalization and consolidation of the software portfolio to reduce management and support costs, and more.
Attend this webinar to hear about:
-Normalized Inventory Use Cases and Associated Business Value
-FlexNet Normalized Inventory for Clients
-FlexNet Normalized Inventory for Servers
Playing Nice with the Neighbors Dealing with Adjoining Properties During Cons...Ryan Slack
This document discusses considerations for dealing with adjoining properties during construction projects in New York City. It notes that construction is booming in NYC, requiring developers and owners to understand how their projects impact neighbors and comply with building codes. The key requirements are to protect neighboring footings, foundations, walls and roofs from damage, control water runoff, secure access to perform inspections and monitoring, and notify neighbors. When negotiating a license agreement for access, the top considerations include clearly defining the scope of access work, conducting a pre-construction survey, providing insurance, documenting any damage, establishing communication procedures, and paying a small license fee to avoid conflicts.
Slides from a presentation to planning professionals on a case law review from 2008, a look at community infratructure levy and considering the Killian Pretty Review on improving the planning application process
The summary is:
1. A condominium tower was constructed using a single-wythe brick wall that was not resistant to water penetration.
2. Water began leaking into the building soon after completion, flowing through the wall and damaging interior materials.
3. A forensic investigation found the single-wythe wall construction was insufficient, and a plan to rectify it included repairing sheathing, adding a second brick layer for a double-wythe wall, and using silicone sealant to prevent further leakage. The estimated cost of $1,317,469.7 would be covered by the owner and designer.
A talk given to the Institute of Civil Engineers on dispute resolution and dispute avoidance under standard forms of contract in the UK and internationally by Sean Gibbs of Hanscomb Intercontinental.
Recent UK court judgments shed light on the application and interpretation of some of the NEC3 ECC and PSC clauses. Hong Kong has adopted the NEC3 contract for almost a decade. Users should be aroused of their contractual rights and potential pitfalls to avoid disputes.
This document summarizes a case between a builder, Ultra Developments Pty Ltd, and a homeowner, Alison Bennett. The builder was contracted to perform renovations on the homeowner's property but the project was halted in July 2011. The builder is claiming unpaid fees of $158,507.41 while the homeowner has filed a cross-claim alleging defective workmanship and misleading representations by the builder that led to overcapitalization of the property. The tribunal must determine payment amounts owed, if any defects exist, and whether the contract was wrongfully terminated.
The newsletter provides information on recent events and updates in construction law adjudication. It summarizes that the annual London adjudication conference in August was a success, with the next major conference planned for Edinburgh in 2022. It also summarizes a recent Irish court case that enforced an adjudicator's decision and clarified that parties have an unfettered right to refer disputes to adjudication under Irish law. Upcoming events and conferences are also announced.
Claim Preparation and Project Records - 2014 Olswang Construction Law ConferenceFrancis Ho
This document summarizes the key points made in a presentation on the importance of project records for claims preparation. It discusses the record keeping requirements in standard contracts like FIDIC, JCT and NEC. To establish entitlement to claims, contemporaneous documentation is needed to show liability, loss/damage and causation. Common deficiencies include a lack of records on actual hours, costs, productivity and site progress. The presentation provides guidance on maintaining robust documentation practices like training, auditing and keeping programmes, work records, delay explanations and cost records.
Disputes and Claims in Engineering Contracts - 18.07.07.pptNesrElhandasa1
This document discusses engineering contracts, causes of disputes, and remedies. It covers key topics like interpretation of contracts, breach of contract, damages, arbitration, and case studies. Some main points:
- Disputes can arise from gaps in contract interpretation, breach of terms, force majeure events, or claims for work done without a fixed price.
- Breaches by owners include delays in payments, site access, or design approvals. Breaches by contractors include delays, defective work, or unauthorized subcontracting.
- Remedies for breach include damages, specific performance orders, or injunctions. Damages must be proven and cannot be remote or indirect.
- Disputes over delayed completion or
March 2015 presentation to ASBC on slab heave and damagesAndrew Downie
This presentation looks at the history of awards of damages for demolition and reinstatement of property, including Bellgrove v Eldrige (1954) 90 CLR 613, Ruxley Electronics and Constructions Limited v Forsyth [1996] AC 344 and Tabcorp Holdings Limited v Bowen Investments Pty Ltd (2009) 236 CLR 272.
The presentation then discusses the two recent cases of Softley v Metricon Homes Pty Ltd [2014] VCAT 1502 and Hooper v Metricon Homes Pty Ltd [2014] VCAT 277 in which the Tribunal made an award of damages for demolition and reinstatement, rather than rectification, where the slab was found to be unstable.
This document discusses accounting for construction contracts under IAS 11. It defines a construction contract, explains how to recognize contract revenue and costs over time using the percentage of completion method when the outcome can be reliably measured. It also discusses how to account for fixed price and cost plus contracts, as well as loss making contracts, contract variations, claims, incentives and how to determine the stage of completion.
UK Adjudicators January 2022 NewsletterSeanGibbs12
UK Adjudicators January newsletter contains articles and commentaries on adjudication, this months contributors include:
Paul Hughes SHARPE PRITCHARD LLP
George Gibbs LLB (Hons) Hanscomb Intercontinental
Nicholas Gould Fenwick Elliott LLP
Matthew Grellier and Ken Salmon Slater Heelis
Julian Bailey and Primrose Tay 郑美恩 White & Case LLP
UK Adjudicators are pleased to be able to share the 2019 Edinburgh Adjudication & Arbitration Conference Slides with you.
Lisa Cattanach CDR
Sean Gibbs UK Adjudicators
Iain Aitchison Ankura
John Papworth Dispute Resolution Board Foundation (DRBF)
Hew Dundas Hew R Dundas
Murray Armes Sense Studio
Louise Woods Vinson & Elkins RLLP/Arbitral Women
Brandon Malone Scottish Arbitration Centre
Donny Mackinnon Mackinnon Consult
Catherine Gilbert Temple Bright
Natasha Peters Gide Loyrette Nouel
Philip Knight Womble Bond Dickinson (UK) LLP
Andrew O’Connor Augusta Ventures Ltd
This document provides an overview of EPC (engineering, procurement and construction) contracts. It defines EPC contracts and explains that they make the contractor solely responsible for engineering, procurement and construction. The document outlines the key components, features and contractual technicalities of EPC contracts including single-point responsibility, fixed payment terms, and allocation of risks. It also discusses advantages and disadvantages, the bidding process, important contract clauses, and dispute resolution mechanisms for EPC contracts.
Real Estate Partner Beau Byrd presented at the Alabama State Bar Annual Meeting discussing “Obtaining Title Insurance on Construction Loans: Avoiding Pitfalls Regarding Title Insurance Underwriting for Construction Loans.”
The newsletter provides information on upcoming construction law events and recent court judgements. It summarizes that the usual UK Adjudicators spring conference will not take place and encourages attendees to attend the Dispute Resolution Board Foundation's international conference in London in May. It also summarizes two panel topics at the DRBF conference on dispute boards and writing effective decisions. Recent Technology and Construction Court judgments from January to March 2022 are listed. Forthcoming events in construction law from April to June 2022 are also advertised.
This document discusses various types of building contracts and key cases related to payment terms. It addresses:
- Lump sum contracts generally require completion of work before payment is due, while interim payments may be allowed. Substantial performance, not absolute compliance, is required.
- Entire contracts require full performance as a condition of payment. If a party abandons work before completion, they cannot recover payment for partial work.
- Case law explores exceptions, such as allowing partial payment on a quantum meruit basis if the client benefits from partial work, or deducting costs to remedy defects from final payment.
- Standard form contracts must be interpreted in light of general contract law and precedent cases on conditions, warrant
UK Adjudicators are an adjudicator nominating body with the largest multi disciplinary panel in the UK.
Adjudicator nominations are made free of charge.
Similar to Recent Case Law Developments - 2014 Olswang Construction Law Conference (20)
We were asked to give a talk to colleagues as part of a "COP26 fortnight" at Penningtons Manches Cooper LLP on the benefits of a lifestyle eating less meat.
City of London Law Society - Submittal to BEIS on Statutory Retention Deposit...Francis Ho
A supplemental submission from the City of London Law Society's Construction Law Committee sent to the Department for Business, Energy & Industrial Strategy (BEIS) on 3 December 2018 regarding potential proposals to introduce a statutory retention deposit scheme for construction contracts in the United Kingdom.
City of London Law Society - Construction Law Committee - Response to Retenti...Francis Ho
RESPONSE OF THE CITY OF LONDON LAW SOCIETY CONSTRUCTION LAW COMMITTEE TO THE DEPARTMENT FOR BUSINESS, ENERGY & INDUSTRIAL STRATEGY'S CONSULTATION ON THE PRACTICE OF CASH RETENTION UNDER CONSTRUCTION CONTRACTS
Variations and their Consequences - Olswang Construction Law Masterclass - 5 ...Francis Ho
This document summarizes key aspects of variations in construction contracts, including:
1) What constitutes a variation based on standard contract definitions.
2) Why variation clauses are included in contracts to allow flexibility for changes.
3) Procedures for instructing, valuing, and agreeing to variations.
4) Issues that can arise regarding scope, instructions, notice periods and whether a variation has actually occurred.
5) The impact of anti-oral variation clauses and agency on how variations are authorized.
6) Special considerations for omitting contracted work versus instructing additions.
The document discusses construction insolvencies in the UK construction industry. It notes that the construction sector experiences the most insolvencies, accounting for about a quarter of all UK insolvencies. In the first quarter of 2016, construction industry output decreased by 1.1% compared to the previous quarter. The document also discusses how "Brexit" could impact construction companies through potential loss of EU labor and funding. It outlines some factors that make construction companies prone to insolvency, such as cash flow issues, disputes, and lack of credit. Finally, it provides tips for mitigating insolvency risks through due diligence, documentation, and actions to take if insolvency occurs.
The document summarizes a presentation on managing complex construction projects. It discusses the definition of complex projects as those that are high value, major real estate developments, or engineering/infrastructure projects. It outlines the Chartered Institute of Building's Complex Projects Contract 2013 (CPC 2013), which provides contract terms and conditions for managing complex projects. The CPC 2013 introduces new roles like Project Time Manager and adds provisions for transparency, collaboration, electronic data transfer, and BIM use. Finally, the presentation provides resources for further information on the CPC 2013 and notes that construction knowledge, risk management, and critical path analysis are still essential for complex project management.
This document summarizes key points from a construction law summer school discussion on emerging markets. It outlines some of the interactions between civil law and common law systems that can cause conflicts in construction contracts. Cultural and political concerns in emerging markets are also discussed, such as being bound by local dispute resolution forums and public policy requirements. The document also summarizes considerations for working with local contractors, splitting EPC contracts, contract administration expectations, and managing claims in international construction projects in emerging markets.
Two stage tendering is commonly used for large or complex projects where it is difficult to get accurate bids from contractors based on incomplete designs. It involves contractors submitting initial bids based on limited information, with one contractor then selected to work with the client during the pre-construction stage to develop a fixed price bid. This allows for early contractor input to improve design and feasibility, while giving the client greater cost certainty. However, it also carries risks of compromising the client's negotiating position or damaged relations if not handled properly. The document provides tips for clients on maintaining control during both stages.
Managing the Risks of Delay in Construction ProjectsFrancis Ho
Delay is a common risk in construction projects with multiple potential causes. Proper notice provisions and documentation are essential to support any delay claims between the employer and contractor. Liquidated damages, termination, and instructions to accelerate works are some of the remedies available to employers for contractor delay, but contractors may challenge these and claim their own remedies for employer-caused delays.
It Pays to Be Right: Payment in Construction ContractsFrancis Ho
This document summarizes key principles regarding payment in construction contracts under the Housing Grants, Construction and Regeneration Act 1996 in the UK. It discusses mandatory payment provisions, including requirements for adequate payment mechanisms and notices. It notes that failing to serve valid pay less notices can result in having to pay the notified sum. It also discusses issues like overpayment, making valid interim payment applications, and the need for employers to strictly follow notice requirements in order to later challenge payment amounts.
The document provides an overview of adjudication procedures in the UK construction industry. It discusses:
- The basics of adjudication, including its compulsory nature, binding interim decisions, and typical process.
- How to effectively "spring ambushes" in adjudication, such as by including all necessary evidence and considering timing carefully. It also discusses how to prevent being ambushed through contract drafting and monitoring for warning signs.
- Key considerations regarding the adjudicator, including expertise, conflicts, and fees. It emphasizes the importance of accurately describing the dispute in the notice of adjudication.
- Challenging the adjudicator's jurisdiction, reserving positions, and identifying and correcting errors in the adjud
Contractual Options for Procuring Major Projects in the UKFrancis Ho
This document discusses contractual options for procuring major construction projects in the UK. It outlines several methods used to fund projects, including project finance, equity, sovereign wealth funds, and forward funding. It also discusses framework agreements and two-stage tendering processes. Framework agreements involve establishing umbrella agreements with terms for future works, while two-stage tendering selects a preferred contractor who then works on pre-construction services before providing a final fixed price. The document advises being flexible on projects and considering these procurement strategies in an overheated construction market.
Works Insurance and Latent Defects InsuranceFrancis Ho
The document discusses various types of insurance related to construction projects, including all risks insurance, latent defects insurance, and options for insuring works under JCT contracts. All risks insurance covers physical damage to works and materials, and is often maintained by the contractor. Latent defects insurance provides protection for inherent defects discovered after practical completion up to a specified threshold. While it has advantages over collateral warranties like being freely assignable, there are also gaps in protection if no warranty package is also in place. The document also notes potential issues with Option C of insuring works under JCT contracts and ways to address them.
Third party rights allow non-parties to a contract to enforce certain terms of that contract. They provide an alternative to collateral warranties in construction contracts. Uptake of third party rights has been slow due to familiarity with collateral warranties and concerns over control. However, recent cases indicate third party rights may avoid issues like adjudication that can arise with collateral warranties. Effective drafting and clarity around beneficiaries and their obligations can maximize the benefits of third party rights.
A Practical Guide to the Construction (Design and Management) Regulations 2015Francis Ho
The Construction (Design and Management) Regulations 2015 came into effect in April 2015 and introduced several significant changes from the 2007 regulations. Key changes include:
- Replacing the CDM Coordinator role with a new 'Principal Designer' role to have more influence over design.
- Requiring written construction phase plans for all projects, not just notifiable ones.
- Applying the regulations to domestic clients who can delegate duties to contractors.
- Introducing transitional provisions for projects that began before April 2015.
- Awaiting new, shorter guidance from the HSE to replace the abolished Approved Code of Practice.
Construction Dispute Resolution and Avoidance in a Boom MarketFrancis Ho
This document discusses construction dispute resolution and avoidance in a booming construction market. It summarizes various dispute resolution methods including (1) adjudication which provides quick, binding interim decisions but may be less suited to complex cases; (2) court proceedings through the specialist Technology and Construction Court which are suited to complex cases but slow and expensive; (3) arbitration which is confidential but can be slow to start; and (4) alternative dispute resolution methods like mediation and dispute boards. It stresses that dispute avoidance through careful contract drafting and project management is the cheapest option.
This document discusses types of letters of intent (LOIs) and provides tips for drafting binding LOIs for construction projects. It outlines four types of LOIs from non-binding to fully binding. It advises including key details in binding LOIs like scope, payment terms, standards, and timelines. It also recommends stating what happens if the final contract is not signed and having both parties execute the LOI for it to be binding. The document cautions against treating an LOI as a full contract and delaying the final contract. It also notes the primary standard form used is the City of London Law Society's but it can be awkward and out of date.
Early Dispute Resolution in the Construction IndustryFrancis Ho
The document discusses various alternative dispute resolution (ADR) methods for resolving construction disputes more efficiently than litigation. It describes problem-solving hierarchies, expert determination, dispute boards, and highlights advantages and disadvantages of each method. Problem-solving hierarchies allow issues to be referred to increasingly senior individuals until resolved, while expert determination and dispute boards utilize neutral experts to resolve technical or specialized issues more quickly than courts. However, no single ADR method is suitable for every dispute type.
Signature Global TITANIUM SPR | 3.5 & 4.5BHK High rise Apartments in Gurgaonglobalsignature2022
Signature Global TITANIUM SPR launched a high rise apartments in Gurgaon . In this project Signature Global offers 3.5 & 4.5 BHK high rise Apartment at sector 71 Gurgaon SPR Road. Signature Global Titanium SPR is IGBC Gold certified, a testament to our commitment to sustainability.
Anilesh Ahuja Pioneering a Paradigm Shift in Real Estate Success.pptxneilahuja668
Anilesh Ahuja journey is a testament to the power of vision, resilience, and unwavering determination. As a visionary leader, he continues to inspire and empower others to dream big and challenge the status quo. His legacy extends far beyond the realm of real estate, leaving an indelible mark on the industry and the world at large.
Living in an UBER World - June '24 Sales MeetingTom Blefko
June 2024 Lancaster County Sales Meeting for Berkshire Hathaway HomeServices Homesale Realty covering the following topics: 1. VA Suspends Buyer Agent Payment Plan (article), 2. Frequently Used Terms in title, 3. Zillow Showcase Overview, 4. QuickBuy commission promotion, 5. Documenting Cooperative Compensation, 6. NAR's Code of Ethics - Mass Media Solicitations, 7. Is it really cheaper to rent? 8. Do's and Don't's when Terminating the Agreement of Sale, 9. Living in an UBER World
36,778 sq. ft. building; Zoning: SE (Suburban Employment): The (SE) District allows numerous commercial site uses; Passenger elevator; Private and common restrooms; Fully sprinkled; Data center with a grounded floor and a specialized HVAC system; 60 KVA back-up generator; Building/pylon signage; Potential to purchase adjacent parcels; Sale Price: $4,413,360
Andhra Pradesh, known for its strategic location on the southeastern coast of India, has emerged as a key player in India’s industrial landscape. Over the decades, the state has witnessed significant growth across various sectors,
The SVN® organization shares a portion of their new weekly listings via their SVN Live® Weekly Property Broadcast. Visit https://svn.com/svn-live/ if you would like to attend our weekly call, which we open up to the brokerage community.
Why is Revit MEP Outsourcing considered an as good option for construction pr...MarsBIM1
Outsourcing MEP modeling services require effective collaboration and coordination amongst multiple engineering trades. The engineers and the designers often change the details of the MEP projects, but the work of Revit MEP drafting services is having the master plan and model of the complete project. To have proper coordination and installation, there is a need to execute the project effectively. Hence, the work of Revit family creation facilitates the MEP engineers.
Stark Builders: Where Quality Meets Craftsmanship!shuilykhatunnil
At Stark Builders our vision is to redefine the renovation experience by combining both stunning design and high quality construction skills. We believe that by delivering both these key aspects together we are able to achieve incredible results for our clients and ensure every project reflects their vision and enhances their lifestyle.
Although we are not all related by blood we have created a team of highly professional and hardworking individuals who share the common goal of delivering beautiful and functional renovated spaces. Our tight nit team are able to work together in a way where we pour our passion into each and every project as we have a love for what we do. Building is our life.
Listing Turkey - Piyalepasa Istanbul CatalogListing Turkey
We are working around the clock to transform a long-time dream into reality. As a result, Piyalepasa Istanbul will be the largest privately developed urban regeneration project in Turkey.
THE NEIGHBORHOOD WE HAVE BEEN LONGING FOR IS COMING TO LIFE
The good old days of the Piyalepasa neighborhood are being brought back to life with Piyalepasa Istanbul houses, residences, offices, hotels and a pedestrianized shopping avenue.
The wide streets of this 82.000 square meter development conveniently face the main boulevard in a prime Beyoglu location. “Piyalepaşa İstanbul” stands out as the only project designed to offer a neighborhood lifestyle, complete with its grocers, bagel sellers and greengrocer. Piyalepasa Istanbul has all the values to make it an authentic neighborhood, our very own community.
A NEIGHBORHOOD FULL OF LIFE, IN THE HEART OF THE CITY!
“Piyalepaşa İstanbul” is a “mixed-use” concept containing all the elements for a vibrant social life with houses, residences, offices, hotels and high street shopping.
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With its proximity to D-100 highway, connecting roads and tunnels, “Piyalepaşa İstanbul” is only minutes away from Kabatas, Besiktas, the Golden Horn and Karakoy.
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https://listingturkey.com/property/piyalepasa-istanbul/
Recent Case Law Developments - 2014 Olswang Construction Law Conference
1. 2014 Construction Law Conference:
Case Law Developments over 2013
Thursday, 6 February 2014
Kathryn Noble, Associate
kathryn.noble@olswang.com | +44 20 7067 3343
2. Today’s cases
DAMAGES/REMOTENESS OF LOSS
John Grimes Partnership Limited v Gubbins
[2013] EWCA Civ 37
IS A COLLATERAL WARRANTY A CONSTRUCTION CONTRACT?
Parkwood Leisure Limited v Laing O’Rourke Wales and West Limited
[2013] EWHC 2665
DELAYED COMPLETION / BREACH OF SALE AGREEMENT
Urban I (Blonk Street) Limited v Simon Martin Ayres and Nicola Jane Ayres
[2013] EWCA Civ 816
#olswangconstruction
www.constructiveblog.com
3. John Grimes Partnership v
Gubbins
The case is about:
Developer’s recoverability of a loss in rental value following late completion of a
construction project due to delays caused by a consultant
Principle:
Court of Appeal decision: Engineer was held to be liable for damages having
caused a delay in the completion of a development. By the time of completion,
there had been a drop in the market value of the property and the developer loss
suffered because the property was less valuable than if the development had been
completed on schedule.
#olswangconstruction
www.constructiveblog.com
4. John Grimes Partnership v
Gubbins
What was agreed:
Mr Gubbins: Land Developer
John Grimes Partnership Limited (JGP): engineering and geological services
Proposed development: development of field for residential purposes (“affordable
dwellings”) - included a road to access the dwellings. The design of the road
required the county council’s approval as it was intended to be adopted by the
highway authority
JGP instructed by Mr Gubbins to design road and drainage for the site and obtain
the council’s approval
Express oral agreement that the works should be completed by March 2007
Parties originally agreed fees of £15,000 to be paid to JGP for the above works
#olswangconstruction
www.constructiveblog.com
5. John Grimes Partnership v
Gubbins
What actually happened:
The work remained incomplete at March 2007. An initial part-approval was obtained
in February 2008
April 2008: Mr Gubbins engaged Joint Technical Partnership Limited (JTPL) to
carry out the work that JGP should have completed
June 2008: JTPL redesigned the road and drainage layout and submitted it for
council approval, which was provided on 18 June 2008
JGP had received c.£20,000 in fees but issued an invoice for £2,893 and
commenced proceedings following Mr Gubbins’ refusal to pay
#olswangconstruction
www.constructiveblog.com
6. John Grimes Partnership v
Gubbins
Mr Gubbins’ counterclaim:
= for sums previously paid to JGP + damages for JGP’s failure to complete on time
Damages for:
(i)
reduction in market value of the residential dwellings;
(ii)
reduction in offer from Housing Association; and
(iii)
increase in building costs.
First Instance decision:
Delay was caused by JGP’s breach of contract and this resulted in loss to Mr
Gubbins. This loss was reasonably foreseeable to JGP and JGP was “responsible
for loss flowing from the property market decline”
#olswangconstruction
www.constructiveblog.com
7. John Grimes Partnership v
Gubbins
Court of Appeal’s decision:
Upheld the first instance decision: JGP liable for damages for losses caused by its
breach of contract and which arose in the context of the decline in property values
Mr Grimes’ losses were not too remote and CA considered there was an implied
responsibility on the parties for reasonably foreseeable losses
CA agreed with Trial Judge that losses arising from movement in the property
market were reasonably foreseeable at the time of contract as a consequence of
delay by JGP
JGP’s delay of 15 months gave rise to a quantifiable loss over a prolonged period
of time
Mr Gubbin’s scale of loss was not disproportionate to the £15,000 fee payable to
JGP
#olswangconstruction
www.constructiveblog.com
8. John Grimes Partnership v
Gubbins
Practical considerations in light of this case:
• Considered exclusion/limitation clauses to expressly exclude liability for particular
circumstances or specified events?
• Demonstrate not responsible for particular types of losses?
• Losses within the consultant’s control?
• Losses suffered over a prolonged period of time
• Increase in claims for damages where property values fall?
#olswangconstruction
www.constructiveblog.com
9. Parkwood Leisure Limited v
Laing O’Rourke Wales and
West Limited
The case is about:
Mr Justice Akenhead: “In what circumstances a collateral warranty can amount to a
construction contract for the carrying out of construction operations” for the
purposes of the Housing Grants, Construction and Regeneration Act 1996
(Construction Act)
“Construction Contract” under the Construction Act = subject to statutory
adjudication rules!
Principle:
Surprise result: The collateral warranty in this case was deemed a contract for the
carrying out of construction operations and therefore fell within the Construction Act
#olswangconstruction
www.constructiveblog.com
10. Parkwood Leisure Limited v
Laing O’Rourke Wales and
West Limited
The facts:
April 2006: Laing O’Rourke Wales and West Limited entered into a contract as
contractor to design and build a swimming and leisure facility in Cardiff
Around April 2006: Parkwood entered into an Agreement for Lease for the facility
December 2007: Laing O’Rourke entered into a deed of warranty in favour of
Parkwood
January 2008: Parkwood Leisure Limited took a ten year lease of the property
Practical Completion was achieved in 2008
Parkwood took occupation and various Construction and commissioning defects
were complained of once the facility had been opened to the public
Parkwood issued a Pre-Action Protocol Letter of Claim in February 2011
#olswangconstruction
www.constructiveblog.com
11. Parkwood Leisure Limited v
Laing O’Rourke Wales and
West Limited
What the Court considered:
Parkwood sought a declaration that the collateral warranty fell within the remit of
the Construction Act for the purpose of bringing adjudication proceedings against
Laing
The wording of the collateral warranty:
Laing “warrants, acknowledges and undertakes that it has carried out and shall
carry out and complete the Works in accordance with the Contract..”
Did the warranty amount to the carrying out of “construction operations”?
#olswangconstruction
www.constructiveblog.com
12. Parkwood Leisure Limited v
Laing O’Rourke Wales and
West Limited
Court’s decision:
The collateral warranty was a contract for the carrying out of construction
operations and therefore was a Construction Contract for the purposes of the
Construction Act
• Warranty recognised works were yet to be completed under the contract
• Warranty expressly related to the design, carrying out and completion of the
construction of a pool development
• Warranty was not “merely warranting or guaranteeing a past state of affairs”
BUT…
#olswangconstruction
www.constructiveblog.com
13. Parkwood Leisure Limited v
Laing O’Rourke Wales and
West Limited
Not all collateral warranties are construction contracts:
Court’s relevant factors include:
• Wording of the document and factual background
• Is the contractor “undertaking to the beneficiary of the warranty to carry out
operations”?
• Have “all the works completed and the contractor simply warranting a past state
of affairs as reaching a certain level, quality or standard”?
#olswangconstruction
www.constructiveblog.com
14. Parkwood Leisure Limited v
Laing O’Rourke Wales and
West Limited
Practical considerations in light of this case:
• Third Party Rights v collateral warranties
• Not all collateral warranties are construction contracts
• Timing of warranties
• Increase in claims under collateral warranties being referred to adjudication
• What about payment/suspension rights that are implied into a Construction
Contract?
• Limitation of warranties entered into?
• NB the position on settlement agreements
#olswangconstruction
www.constructiveblog.com
15. Urban I (Blonk Street) Limited v
Simon Martin Ayres & Nicola
Jane Ayres
The case is about:
The consequences of time being (or not being) of the essence in contracts for sale
of land (particularly where a purchase is mortgage funded)
Notices to complete in circumstances where there has been delay in complying with
the terms of the contract for sale
Principle:
The delay in completing a new build apartment caused by the developer did not
entitle the buyer to terminate the agreement between the parties as the buyer was
not substantially deprived of the whole benefit of the contract for the lease of the
apartment.
#olswangconstruction
www.constructiveblog.com
16. Urban I (Blonk Street) Limited v
Simon Martin Ayres & Nicola
Jane Ayres
The contract:
25 January 2007: Contract between Urban I (Developer) and Mr & Mrs Ayres for
the purchase of the leasehold of a flat in a mixed commercial and residential
development in Blonk Street, Sheffield
The contract did not specify a fixed completion date but did provide that the
Developer would issue to the buyers a written notice once the development had
completed
Contract provided that a Notice to Complete may be issued by either party at any
time after the completion date and the contract would be completed within ten
working days of the notice. The contract added: “For this purpose, time is of the
essence”
Developer was obliged to take all reasonable steps to prevent any delay arising
#olswangconstruction
www.constructiveblog.com
17. Urban I (Blonk Street) Limited v
Simon Martin Ayres & Nicola
Jane Ayres
What happened:
The Developer aimed to start the development on 26 February 2007 and complete
in December 2008
The development started late (March 2007) and quickly fell further behind schedule
after a series of delays
June 2008: Mr & Mrs Ayres were advised that completion would be in December
2008
September 2008: Mr & Mrs Ayres received a mortgage offer of 90% of the
purchase price of the flat (subject to conditions - the mortgage had to be
commenced by 31 December 2008)
October 2008: Buyers were advised that the flat would be completed in February
2009
November/December 2008: Mr & Mrs Ayres lost their 90% mortgage offer
#olswangconstruction
www.constructiveblog.com
18. Urban I (Blonk Street) Limited v
Simon Martin Ayres & Nicola
Jane Ayres
What happened next:
January/February 2009: on-going delays with the development but the Developer
thought it may be finished by May 2009
March 2009: Mr & Mrs Ayres terminated the contract on grounds of unreasonable
delay and stated:
• there had been breach of an implied term that the completion would take place
within a reasonable time
• the anticipated completion date had been December 2008
• they had lost their 90% mortgage offer and the decline in property values resulted
in them not being able to obtain another like product
• the Developer was in repudiatory breach of the contract and they requested
repayment of their deposit plus interest
July 2009: the development completed and the Developer served a notice to
complete in September 2009
#olswangconstruction
www.constructiveblog.com
19. Urban I (Blonk Street) Limited v
Simon Martin Ayres & Nicola
Jane Ayres
The Claim:
August 2011: The Developer issued a claim for specific performance of the contract
and/or damages for late completion, interest and costs.
August 2011: Mr & Mrs Ayres served a Defence that the Developer had repudiated
the contract and that they had successfully terminated. They served a counterclaim
for their reservation fee/deposit, plus other costs (including legal fees).
First Instance decision:
It was implied that the development would be completed within a reasonable time
The delays to the development overall amounted to a repudiation of the contract
and Mr & Mrs Ayres were entitled to refuse to complete having been served with
the notice to complete by the Developer in September 2009
#olswangconstruction
www.constructiveblog.com
20. Urban I (Blonk Street) Limited v
Simon Martin Ayres & Nicola
Jane Ayres
Court of Appeal:
Agreed with the First Instance trial that it was an implied term that completion of the
development and the contract was to be within a reasonable time. What is
reasonable? “A mixed question of fact and law”…
Allowed the Developer’s appeal = a “severe disappointment” to Mr & Mrs Ayres
• The Developer’s breach of contract did not cause Mr & Mrs Ayres’ unfortunate
financial position
• The contract did not have a fixed long-stop date for construction of their
apartment
• Contract did not expressly provide for the buyers to cancel the contract if the
building was not handed over by a specified date
• The delay did not cause Mr & Mrs Ayres to lose substantially the whole benefit of
the contract.
#olswangconstruction
www.constructiveblog.com
21. Urban I (Blonk Street) Limited v
Simon Martin Ayres & Nicola
Jane Ayres
Practical considerations in light of this case:
• Buyers’ risks where financing a purchase by way of mortgage
• Consideration of what is a reasonable time for completion of construction where
the contract does not specify a date for completion
• Meaning of substantially depriving a party of the whole of the benefit of a contract
• Provisions relating to timing in contracts
• When a repudiatory breach will be considered to have occurred
#olswangconstruction
www.constructiveblog.com