i-law

Building Law Monthly

Excluding liability for negligence and the contra proferentem rule

In Persimmon Homes Ltd v Ove Arup & Partners Ltd [2017] EWCA 373 the Court of Appeal held that a clause which provided that ‘liability for any claim in relation to asbestos is excluded’ was effective to exclude liability for all..
Online Published Date:  14 June 2017
Appeared in issue:  Vol 34 No 6 - 14 June 2017
The slip rule, approbation and reprobation

In Dawnus Construction Holdings Ltd v Marsh Life Ltd [2017] EWHC 1066 (TCC) His Honour Judge McKenna held that the defendant had waived its right to challenge the decision of an adjudicator after it invited the adjudicator to revise his decision..
Online Published Date:  14 June 2017
Appeared in issue:  Vol 34 No 6 - 14 June 2017
Minimum acceptable performance contractually binding

In Sutton Housing Partnership Ltd v Rydon Maintenance Ltd [2017] EWCA 359 the Court of Appeal held that the examples of ‘Minimum Acceptable Performance’ set out in the contract documentation were not inserted as mere hypotheticals but..
Online Published Date:  14 June 2017
Appeared in issue:  Vol 34 No 6 - 14 June 2017
The scope of a dispute, jurisdiction and natural justice

In AECOM Design Build Ltd v Staptina Engineering Services Ltd [2017] EWHC 723 (TCC) Fraser J held that an adjudicator did have jurisdiction to reach the decision which she had reached and that she had not breached the principles of natural justice..
Online Published Date:  14 June 2017
Appeared in issue:  Vol 34 No 6 - 14 June 2017
Adjudication, natural justice and severance

In Bell Building Projects Ltd v Arnold Clark Automobiles Ltd [2017] CSOH 55 Lord Tyre held that an adjudicator had not breached the principles of natural justice in offering to visit the premises of one of the parties provided that he was..
Online Published Date:  14 June 2017
Appeared in issue:  Vol 34 No 6 - 14 June 2017

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