Building Law Monthly

In Crest Nicholson Operations Ltd v Grafik Architects Ltd and NHBC Building Control Services Ltd [2021] EWHC 2948 (TCC) Her Honour Judge Sarah Watson declined to strike out a claim pursuant to Civil Procedure Rule 3.4(2) on the basis that it..

In BDW Trading Ltd v URS Corporation Ltd [2021] EWHC 2796 (TCC), Fraser J answered a number of preliminary issues on the basis of an assumed set of facts in relation to the scope of the duty of care owed by the defendant structural designers to the..

The Supreme Court in Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48 held that, as a matter of construction, a no oral modification clause applied to an alleged termination of the contract between the parties. Its conclusion in this..

In Mansion Place Ltd v Fox Industrial Services Ltd [2021] EWHC 2972 (TCC), Eyre J held that the parties had reached an agreement under which the claimant had agreed to forego its right to recover liquidated damages under the contract and that the..

In Shanghai Shipyard Co Ltd v Reignwood International Investment (Group) Co Ltd [2021] EWCA Civ 1147, the Court of Appeal held that the undertaking given by the defendant was a demand guarantee and not a surety guarantee. In so concluding the Court..

In Network Rail Infrastructure Ltd v Fern Trustee 1 Ltd and Others [2021] CSOH 107 Lord Tyre held that the tenants of a property were not entitled to a declarator that the works done under a Remedial Works Agreement had not been completed because of..