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CONSTRUCTION CONTRACT FRUSTRATED BY ILL HEALTH OF BUILDER
In Atwal v Rochester [2010] EWHC 2338 (TCC), Judge Kirkham held that a contract to undertake extensive building work on a family home was frustrated when the builder suffered a heart attack, the consequence of which was that he was given medical..
Online Published Date:
08 February 2011
Appeared in issue:
Vol 28 No 02 - 01 February 2010
BUILDER’S LIABILITY FOR DEFECT ARISES UNDER NHBC AGREEMENT AND NOT IN TORT
In Robinson v P E Jones (Contractors) Ltd [2011] EWCA Civ 9, [2011] All ER (D) 111 (Jan) the Court of Appeal held that the claimant house purchaser was not entitled to bring a claim in tort against the builder of the house in respect of the cost of..
Online Published Date:
08 February 2011
Appeared in issue:
Vol 28 No 02 - 01 February 2010
THE SCOPE OF THE DOCTRINE OF ECONOMIC DURESS
In difficult financial times one party to a contract may be tempted to use its more powerful economic position to extract a concession from its contracting party. When will such pressure amount to duress? A helpful summary of the scope of the..
Online Published Date:
08 February 2011
Appeared in issue:
Vol 28 No 02 - 01 February 2010
OBITER DICTA NOT JURISDICTIONALLY PART OF ADJUDICATOR’S DECISION
In Redwing Construction Ltd v Wishart [2010] EWHC 3366 (TCC), [2010] All ER (D) 305 (Dec) Mr Justice Akenhead held that the defendant was not entitled to resist enforcement of an adjudicator’s decision on the ground that the matter in dispute..
Online Published Date:
08 February 2011
Appeared in issue:
Vol 28 No 02 - 01 February 2010