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.

  • Exel Europe Ltd v University Hospitals Coventry and Warwickshire NHS Trust
    • Queen's Bench Division (Technology and Construction 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.

  • Gilbert Ash (Northern) Ltd v Modern Engineering (Bristol) Ltd
    • House of Lords
    • 25 July 1973

    But in construing such a contract one starts with the presumption that neither party intends to abandon any remedies for its breach arising by operation of law, and clear express words must be used in order to rebut this presumption.

  • Taylor v Secretary of State for the Environment Transport and Regions
    • Court of Appeal (Civil Division)
    • 31 July 2001

    The very reliance on ground (f) shows that this is the position. If there is a fallback position on which they wish to rely then they should make this clear to the Secretary of State in their submissions. It is not reasonable to come to court, as has happened here, and ask for the case to be remitted to the inspector so that she may ask for further submissions which could and should have been made in the first place if the landowner wished to advance them.

  • R (Law Society) v Legal Services Commission
    • Court of Appeal (Civil Division)
    • 29 November 2007

    The Directive and the Regulations are concerned with the award of contracts by public authorities. Their objective is to open up public procurement to competition. To this end the award of contracts must comply with the principles of equal treatment, non-discrimination and transparency. Technical specifications must clearly set out the requirements of the authority so that tenderers will be aware of what they will be required to do under the contract for which they are tendering.

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Legislation
  • The Public Contracts Regulations 2006
    • UK Non-devolved
    • January 01, 2006
    ...... “carrying out” in relation to a work or works means the construction or the design and construction of that work or those works; . “central ... . 45230000 . . .   .   . 45.24 . Construction of water projects . . Construction of: . waterways, harbour and river works, pleasure ......
  • The Town and Country Planning (Environmental Impact Assessment) Regulations 2011
    • UK Non-devolved
    • January 01, 2011
    ......S-54 . Projects in another EEA State likely to have significant transboundary effects ...SCH-1.7 .   . 7. (a) Construction of lines for long-distance railway traffic and of airports with a basic ......
  • The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009
    • UK Non-devolved
    • January 01, 2009
    ...... prescribed in relation to applications for specific types of projects Matters prescribed in relation to applications for specific types of cts . 6. —(1) If the application is for the construction or extension of a generating station the application must be accompanied ......
  • 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 ......
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Books & Journal Articles
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Law Firm Commentaries
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