Knowing your limits: High Court confirms liability caps in engineering consultancy agreements are consistent with Building Act duties
Design errors in a construction project can result in millions of dollars in loss. Standard form consultancy agreements typically limit the amount that can be recovered for such errors. The cap on...
Sender beware – how private are digital workplace conversations?
Following on from the recent Official Information Act request for correspondence between Ministry of Justice employees, employees may be wondering how private their online conversations with colleague...
The Technology and Construction Court (TCC) has confirmed the narrow parameters of the ‘slip rule’ in the UK, which allows adjudicators to amend their determination to correct for any clerical or ...
Scots rule standard notification clause was condition precedent
In a warning for contractors, a Scottish Court has ruled that a standard form notification clause was a condition precedent to recovering time-related costs (TRCs) (FES Ltd v HFD Construction Group Lt...
Anticipatory Repudiatory Breach and the Date of Default: Ayhan Sezer v Agroinvest
The decision in Ayhan Sezer v Agroinvest [2024] EWHC 479 (Comm) clarifies that where there has been an anticipatory repudiatory breach of contract, the “date of default” is the date of the breach ...
My cross-lease neighbour wants me to consent to their extension. Can I refuse?
From time to time a cross-lease property owner may be asked by their cross-lease neighbour for their consent to specific matters, such as proposed structural alterations or additions to their neighbou...
I have a land covenant (or an easement) registered on my title that restricts the use of my land. Can I get this removed?
Where land is subject to covenants and easements, owners might find themselves in a position where they are unintentionally or unknowingly in breach of a covenant or easement or have purchased land th...