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Friday, 16 May 2008

Construction Law - an overview

The latest legal developments in construction, including case summaries, new legislation, plus links to top construction law firms.  New material will be added to this page on an ongoing basis.

Cases Legislation Links

Summaries
Sourced from Construction Law Direct

Offer-Hoar and others v Larkstore Ltd and another (Technotrade Ltd Pt 20 defendant)
CA | July 2006

Taylor Woodrow and another v Barnes & Elliot
TCC | July 2006

Hillview Industrial Developments (UK) Ltd v Botes Building Ltd
TCC | June 2006

Midland Expressway and another v Carillion Construction and others
TCC | June 2006

Full text judgments

Moon v Garrett and others
CA | July 2006
Occupier’s liability — Negligence

Cunningham and others v Collett and Farmer
TCC | July 2006
Architect —
Negligence

Talbot Underwriting Ltd v Nausch, Hogan and Murray Inc
CA | June 2006
Builders’ all risks policy — Parties to contract

Associated British Ports v Hydro Soil Services NV and another
TCC | June 2006
Breach of contract — Fitness for purpose clause

Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd and another
TCC | June 2006
Building contract — Terms — Construction — Agreement contemplating further contract

Statutes

Climate Change and Sustainable Energy Act 2006

SIs

 

Planning (Applications for Planning Permission, Listed Buildings and Conservation Areas) (Amendment) (England) Regulations 2006

 

Planning and Compulsory Purchase Act 2004 (Commencement No 7) Order 2006

 

Building (Forms) (Scotland) Amendment Regulations 2006

 

Building and Approved Inspectors (Amendment) Regulations 2006

 

Planning and Compulsory Purchase Act 2004 (Commencement No 1) (Scotland) Order 2006

 

Sustainable and Secure Buildings Act 2004 (Commencement No 1) Order 2006

 

European developments

Cases

Robinson-Steele v RD Retail Services Ltd (C-131/04); Clarke v Frank Staddon Ltd and another appeal (C-257/04)
CJEC | March 2006
Working time — Entitlement to paid annual leave — Inclusion of payment for annual leave in hourly or daily remuneration

Legislation

Commission Dec 2005/823/EC of 22 November 2005
Amending Commission Dec 2001/671/EC implementing Council Dir 89/106/EEC as regards the classification of the external fire performance of roofs and roof coverings

Quasi-legal

Press Release: Ombudsman Asks Commission to Look at Alternative Ways of Resolving Disputes With Contractors and Sub-Contractors
Announces that the European Ombudsman has opened an own-initiative inquiry into whether contractors or sub-contractors of the Commission should have access to alternative methods of dispute resolution

Other developments

Consultation Paper: Validation of Planning Applications
Seeks views on new proposals for changes to information required for a valid planning application, linked to the Standard Applications Form. Consultation ends on 30 September 2006.

Press Release: New Building Control Performance Indicators and Standards
Announces new measures to increase compliance with building standards and improve the way that local authority and approved building control bodies do business

Consultation Paper: Revision of the Environmental Impact Assessment (EIA) Circular and on Draft EIA Guidance
Seeks views on amendments to ‘Circular 02/99: Environmental Impact Assessment’ on screening guidance, recent case law and the incorporation of public participation requirements into EIA legislation. Consultation ends on 22 September 2006

Consultation Response: Proposals for Amending Part B (Fire safety) of the Building Regulations
Provides a summary of responses to the ODPM consultation on proposals for amending Part B (Fire safety) of the Building Regulations and the supporting guidance in Approved Document B (AD B)

Guidance: Revised Leaflet - IR180 Construction Industry Scheme, a Guide for Non-Residents
Explains how the Construction Industry Scheme affects businesses that are resident outside the UK

Construction law resources

Society of Construction Law
The Society of Construction Law works to promote for the public benefit education, study and research in the field of construction law and related subjects.

Building Law Information Subscriber Service (BLISS)
The BLISS construction industry database is one of the most comprehensive sources of construction-related legal and technical information from all over the world.

Construction Law Direct
A unique online resource for lawyers and professionals involved in the construction industry published by LexisNexisUK.

Construction Law Database
The Construction Law Database is a subscription service which features Adjudication under the Construction Act 1996.

Morris Associates
The First Construction Disputes Consultants on the Web.

Law firms specialising in
construction

Baker and McKenzie

Beale and Company

Cameron McKenna

Corbett & Co

Crown Office Chambers

Davies Arnold Cooper

Eversheds

Fenwick Elliott

Freshfields Bruckhaus Deringer

Hammond Suddards Edge

Herbert Smith

Keating Chambers

Linklaters

Lewis Silkin

Mayer, Brown Rowe & Maw

McGrigor Donald

Nabarro Nathanson

Norton Rose

Pinsent Masons

Shadbolt & Co

Speechly Bircham

Trowers & Hamlins

2 Temple Gardens

Wragge & Co

General legal resources

House of Lords Judgments

Court Service Judgments

The Court Service

British and Irish Legal Information Institute

Legislation

Office of Public Sector Information