1 / 17

July 2017

Building Contract Formation and Case Law. Shulmans LLP. July 2017. Prepared by: Phil Morrison. Driven by results. Building Contract Formation and Case Law. Allocating responsibility, risks and obligations in contract formation Hidden contract terms Fit for purpose Case Law Update.

amandatmoore
Download Presentation

July 2017

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Building Contract Formation and Case Law Shulmans LLP July 2017 Prepared by: Phil Morrison Driven by results 1

  2. Building Contract Formation and Case Law • Allocating responsibility, risks and obligations in contract formation • Hidden contract terms • Fit for purpose • Case Law Update 2

  3. Building Contract Formation and Case Law • Allocation of Risk – Follow the money • Known Unknowns • Design liability • Ground Conditions ( unforeseen ) • Contamination 3

  4. Building Contract Formation and Case Law Risk - Design Risks • Design and Build • Reasonable skill and care • Fitness for purpose • Regularly and diligently 4

  5. Building Contract Formation and Case Law Implied Terms • Construction Act 1996 • Sale of Goods Act 1979 • Sale and Supply of Goods Act 1994 • Supply of Goods and Services Act 1982 • Late Payment of Commercial Debts Act (Interest) 1998 5

  6. Building Contract Formation and Case Law Fitness for Purpose • Reasonable skill and care • Suitable for purpose stated • MT Hojgaard A/S v E.ON Climate and Renewables UK Robin Rigg East Ltd [2015] EWCA Civ 407 6

  7. Building Contract Formation and Case Law Implied Terms • MT Hojgaard A/S v E.ON Climate and Renewables UK Robin Rigg East Ltd [2015] EWCA Civ 407 • Lowe v W Marshall Joinery Ltd [2011] EWCA 794 • Harrison & Others v Shepherd Homes Ltd [2011] EWCA 1811 7

  8. Building Contract Formation and Case Law • ISG Construction Limited v Seevic College [2014] EWHC 4007 TCC • Aspect Contract (Asbestos) Limited v Higgins Construction Plc [2015] UK SC38 • Galliford Try Building Limited v Estura Limited [ 2015 ] EWHC 412 9 (TCC) • Leeds City Council v Waco UK Limited [2015] EWHC 1400 • Henia Investments Inc v Beck Interiors Limited [2015] EWHC 2433 (TCC) • Caledonian Modular Limited v Mar City Developments Limited [2015 ]

  9. Building Contract Formation and Case Law Third Party Agreements • Agreements for Lease • Funding Agreements • Forward Funding • Purchase Agreements 8

  10. Building Contract Formation and Case Law LAD’s • Cavendish Square Holdings BV & Another v Makdessie/Parking Eye Limited v Beavis [2015] UKSC 57 • Temloc Limited v Erril Properties Limited [1987] 39 BLR 30 • Silent Vector Pty Ltd t/as Sizer Builders v Squarcini [2008] WASC 246 9

  11. Building Contract Formation and Case Law Unfair Contract Terms • Ampleforth Abbey Trust v Turner and Townsend Project Management Limited • Saint Gobain Building Distribution t/a IDS v Hillmead Joinery (Swindon) London [2015] EWHC B7 TCC 10

  12. Building Contract Formation and Case Law Case Law Update • Grove Developments Ltd v Balfour Beatty Regional Construction Ltd [2016] EWHC 168 (TCC) • MT Hojgaard A/S v E.ON Climate and Renewables UK Robin Rigg East Ltd [2015] EWCA Civ 407 • Lowe v W Marshall Joinery Ltd [2011] EWCA 794 • Harrison & Others v Shepherd Homes Ltd [2011] EWCA 1811 11

  13. Building Contract Preparation and Case Law Ground Developments Limited v FCC Construccion SA & Others [2016] EWHC 1946 (TCC) • Merseylink Project - £1.8bn • Groundworks / Remediation Contract - £6m • NEC – Sub-Contract • Letter of Intent / Exchange of Letters • Adjudication 10

  14. Building Contract Formation and Case Law Case Law Update • Cavendish Square Holdings BV & Another v Makdessie/Parking Eye Limited v Beavis [2015] UKSC 57 • Temloc Limited v Erril Properties Limited [1987] 39 BLR 30 • Silent Vector Pty Ltd t/as Sizer Builders v Squarcini [2008] WASC 246 • Ampleforth Abbey Trust v Turner and Townsend Project Management Limited • Saint Gobain Building Distribution t/a IDS v Hillmead Joinery (Swindon) London [2015] EWHC B7 TCC 12

  15. Building Contract Formation and Case Law QUESTIONS 13

  16. Building Contract Formation and Case Law Phil Morrison Shulmans LLP Tel: 0113 297 8934 Email: pmorrison@shulmans.co.uk 14

  17. Shulmans LLP 10 Wellington Place Leeds, LS1 4AP Tel: +44 (0)113 245 2833 DX: 729700 LEEDS 69 www.Shulmans.co.uk Shulmans LLP is a member of the Interlegal network of international law firms with associated offices throughout the world. Shulmans LLP is a limited liability partnership registered in England and Wales at the above address with registered No. OC348166 and regulated by the Solicitors Regulation Authority.

More Related