This programme will allow leading legal commentators to explain the finer points and lessons learned in recent legal cases:

  1. Parkwood Leisure Ltd v Laing O’Rourke Wales & West Ltd [2013] in which the TCC considered for the first time that a collateral warranty is a "construction contract"
  2. BMG (Mansfield) Ltd v Galliford Try Construction Ltd [2013]. What happens to the confidential records of an expert witness when he/she retires/resigns?
  3. National Museums and Galleries on Merseyside Board of Trustees v AEW Architects and Designers Ltd [2013] looks at whether a claim for damages for breach of contract for failure to exercise reasonable care and skill was a claim for a debt to which the Late Payment of Commercial Debts (Interest) Act 1998 applied
  4. Hillcrest Homes Ltd (Hillcrest) v Beresford and Curbishley Ltd in which the build contract was a Standard JCT form and the associated Employer’s Requirements included that the contractor novate the structural engineer’s appointment. Unfortunately it contained the wording "Novation shall occur on execution of the Building Contract"... And left the client with full structural responsibility
  5. Westshield Ltd v Whitehouse and another [2013], in which a judge refused to enforce an award in favour of a contractor subject to a company voluntary arrangement, puts a question mark over the viability of a cash-strapped contractor to collect debts through adjudication
  6. John Grimes v Gubbins [2013] The engineer was held liable for the late completion of a project... And thus liable to additional costs due to the collapse in the market value of that property.

Key learning points:

  • Updates on new and recent cases for CPD awareness of contemporary legal standards: re confidentiality; CVAs, reasonable skill & care; warranties and contracts
  • Clarification of rights to pursue debt and/or liabilities incurred in delayed projects
  • Clarification of legal regulations and the consequences thereof
  • Clarification of legal terminology.

About the contributors

Robert Horne, Partner at London-based, Trowers & Hamlins law firm, specialising in the resolution of construction, and construction related, disputes.

Giles Ward, Senior Partner and Head of Litigation at Milners solicitors based in Leeds.

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