Description
In the fifth The Construction Briefing podcast, Michelle Rousell and Yassir Mahmood of Practical Law Construction take November's monthly bulletin and look at a number of developments.
These include several case law developments (a refusal to enforce an adjudicator's decision on that basis that it was an abuse of process; a reminder that the courts will uphold a parties' tiered dispute resolution clause and that no dispute is too large, too complicated or raised too late to be suitable for adjudication; and there is no automatic presumption that liquidated damages are unenforceable just because they provide a single rate where there is sectional completion or partial possession). Also, the Civil Justice Council's consultation on reforming existing pre-action protocols (PAPs), including the one for construction and engineering disputes; whether ADR (specifically mediation) will become compulsory; and the latest abolition of retention bill, this time sponsored by Lord Aberdare.
This episode, Michelle Rousell and Yassir Mahmood from Practical Law Construction discuss the judgment in Nicholas Blomfield & Others v Monier Road - Smoke House & Curing House, Bow, London 00BG/HYI/2023/0024 (starts at 00.59), before moving on to other building safety developments...
Published 11/14/24
This episode, Michelle Rousell and Yassir Mahmood from Practical Law Construction discuss the latest building safety developments, (starts at 00.57), before moving on to the JCT's 2024 Edition of its Repair and Maintenance Contract (starts at 05.14) and reasons to amend the JCT standard...
Published 10/17/24