Fri 14 Jul 2023
Welcome to our Clarity for Construction Bulletin If you are interested in relevant content written by subject matter experts who know construction law, we promise to deliver straight-talking, insightful content straight to you inbox. You can sign up here. If you'd like to find a back issue, you can find all our previous email bulletins below. After a short break I am delighted to welcome you to the return of our quarterly Construction Bulletin with our Summer 2023. This edition of our bulletin includes some recent blogs relating to insolvency and inflation which continue to affect the industry. If you wish to discuss anything covered in this edition, please do not hesitate to contact me or one of our construction team. We also have a range of different feeing options available for adjudications, which include fixed fee options, depending on the nature of the adjudication. Construction Bulletin - July 2023
In a very significant decision (Abbey Healthcare (Mill Hill) Ltd v Augusta 2008 LLP (formerly Simply Construct (UK) LLP)) for the construction sector, the Supreme Court found that a collateral warranty granted by a contractor to a tenant did not give the tenant a right to adjudicate a dispute with the contractor about defects in the contractor's works under the Housing Grants, Construction and Regeneration Act 1996, as amended ('the 1996 Act').
In a recent case, the Sheriff Appeal Court dismissed a contractor's claim for over £110,000 due to insufficient details about an oral contract. This case highlights the difficulties of relying on verbal agreements in construction disputes and underscores the importance of having written contracts to clearly define the terms and avoid evidential challenges.
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