Construction Projects in UK Law

Leading Cases
  • Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd and Others ; St Martins Property Corporation Ltd and Another v Sir Robert McAlpine Ltd (formerly Sir Robert McAlpine and Sons Ltd)
    • House of Lords
    • 22 July 1993

    In such a case, it seems to me proper, as in the case of the carriage of goods by land, to treat the parties as having entered into the contract on the footing that Corporation would be entitled to enforce contractual rights for the benefit of those who suffered from defective performance but who, under the terms of the contract, could not acquire any right to hold McAlpine liable for breach.

  • Chandler v Camden London Borough Council
    • Court of Appeal (Civil Division)
    • 09 October 2009

    The failure to comply with the regulations is an unlawful act, whether or not there is no economic operator who wishes to bring proceedings under reg 47, and thus a paradigm situation in which a public body should be subject to review by the court.

  • Exel Europe Ltd v University Hospitals Coventry and Warwickshire NHS Trust
    • Queen's Bench Division (Commercial Court)
    • 21 December 2010

    It is in Regulation 47H(2) that one finds what exercise the Court “must” do: it must consider whether, if regulation 47G(1) was not applicable, “it would be appropriate to make an interim order requiring the contracting authority to refrain from entering into the contract”; it then goes on to say that it is “only if the Court considers that it would not be appropriate to make such an interim order may it make an order under paragraph (1)(a)”.

  • Lion Apparel Systems Ltd v Firebuy Ltd
    • Chancery Division
    • 27 September 2007

    If the Authority has not complied with its obligations as to equality, transparency or objectivity, then there is no scope for the Authority to have a “margin of appreciation” as to the extent to which it will, or will not, comply with its obligations.

  • Galliford Try Building Ltd v Estura Ltd
    • Queen's Bench Division (Technology and Construction Court)
    • 27 February 2015

    This means that the employer cannot bring a second adjudication to determine the value of the work at the valuation date of the interim application in question. There is nothing to prevent the employer challenging the value of the work on the next application, even if he is contending for a figure that is lower than the (unchallenged) amount stated in the previous application.

  • Walter Lilly & Company Ltd v Giles Patrick Cyril MacKay and Another
    • Queen's Bench Division (Technology and Construction Court)
    • 11 July 2012

    In any event, I am clearly of the view that, where there is an extension of time clause such as that agreed upon in this case and where delay is caused by two or more effective causes, one of which entitles the Contractor to an extension of time as being a Relevant Event, the Contractor is entitled to a full extension of time.

  • Triple Point Technology, Inc. v PTT Public Company Ltd
    • Court of Appeal (Civil Division)
    • 05 March 2019

    If a construction contract is abandoned or terminated, the employer is in new territory for which the liquidated damages clause may not have made provision. It may be more logical and more consonant with the parties' bargain to assess the employer's total losses flowing from the abandonment or termination, applying the ordinary rules for assessing damages for breach of contract.

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  • The Public Contracts Regulations 2015
    • UK Non-devolved
    • January 01, 2015
    ... ... ” means the documented assessment of the performance of a construction product, in relation to its essential characteristics, in accordance with ... , requests to participate and, in design contests, plans and projects, must at least guarantee, through technical means and appropriate ... ...
  • The Construction (Design and Management) Regulations 2015
    • UK Non-devolved
    • January 01, 2015
    ... ... Act 1974 (Application outside Great Britain) Order 2013 ... PART 2: Client duties ... Client duties in relation to managing projects ... (1) A client must make suitable arrangements for managing a project, including the allocation of sufficient time and other resources ... (2) ... ...
  • The Town and Country Planning (Environmental Impact Assessment) Regulations 2017
    • UK Non-devolved
    • January 01, 2017
    ... ... decision as to whether a direction should be made in respect of projects situated in the devolved administrations will be taken by the Secretary of ... (7) (1) Construction of lines for long‑distance railway traffic and of airports with a basic ... ...
  • The Conservation of Habitats and Species Regulations 2017
    • UK Non-devolved
    • January 01, 2017
    ... ... Act 2008 ) ;(d) Chapter 1 of Part 6 (assessment of plans and projects: general provisions) , in so far as that Chapter applies in relation to ... (5) Subject to regulation 86(1) (which relates to the construction of provisions of Chapter 2 of Part 6 as one with the TCPA 1990) , these ... ...
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Books & Journal Articles
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Law Firm Commentaries
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