Construction Law Handbook 2007 - ToC

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Edited by Sir Vivian Ramsey QC Ann Minogue Jenny Baster Michael O’Reilly

Published by Thomas Telford Publishing, Thomas Telford Ltd, 1 Heron Quay, London E14 4JD. www.thomastelford.com

Distributors for Thomas Telford books are USA: ASCE Press, 1801 Alexander Bell Drive, Reston, VA 20191-4400 Japan: Maruzen Co. Ltd, Book Department, 3–10 Nihonbashi 2-chome, Chuo-ku, Tokyo 103 Australia: DA Books and Journals, 648 Whitehorse Road, Mitcham 3132, Victoria

First published 2007

For subscriptions queries, contact Maria Davis Thomas Telford Publishing Tel: 020 7665 2460 Email: [email protected]

A catalogue record for this book is available from the British Library

ISBN: 978-0-7277-3485-3 ISSN: 1752 6841 # Thomas Telford Limited, unless otherwise stated, 2006 All rights, including translation, reserved. Except as permitted by the Copyright, Designs and Patents Act 1988, no part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying or otherwise, without the prior written permission of the Publishing Director, Thomas Telford Publishing, Thomas Telford Ltd, 1 Heron Quay, London E14 4JD. This work is published on the understanding that the authors are solely responsible for the statements made and opinions expressed in it and that its publication does not necessarily imply that such statements and/or opinions are or reflect the views or opinions of the publishers. While every effort has been made to ensure that the statements made and the opinions expressed in this publication provide a safe and accurate guide, no liability or responsibility can be accepted in this respect by the authors or publishers. Typeset by Academic + Technical, Bristol Printed in Great Britain by MPG Books, Bodmin, Cornwall

Preface

Many texts on the market focus on the contractual aspects of construction law. A construction professional, however, often needs a practical understanding of a much wider range of subjects. This handbook is designed to service this ned and provide the busy professional with an accessible resource. It covers the range of topics most commonly required, and is written for non-lawyers without, we hope, sacrificing accuracy or being patronising. The authors are acknowledged experts and hence the text is both authoritative and reliable, and, as a result of frequent re-issues, will remain up to date. The editors and the publishers would like to thank the authors of the individual chapters for their unstinting commitment, hard work and adherence to deadlines. Finally, we hope that you, the reader, will find this handbook valuable in your work. We are always keen to receive feedback and to consider changes for future re-issues. Please address any comments to the publishers, who will forward them to us.

Jenny Baster

Ann Minogue

Michael O’Reilly

Sir Vivian Ramsey

www.constructionlawhandbook.com

2007 edition

iii

Contents

Table of cases Table of UK statutes and statutory instruments Table of European legislation

xiii xxxi xxxvii

Biographies of contributors

xxxix

PART 1 Legal issues arising during the course of the construction project Section editor: Ann Minogue 1.1

The planning system 1 2 3 4 5 6 7 8 9 10 11

1.2

3

Introduction Development Applications for planning permission Determination of the planning application Conditions and obligations The duration of planning permission Planning appeals Enforcement Environmental issues in relation to planning Protecting heritage Trees and hedges

Financing the project 1 2 3 4

31

Types of project finance Range of financing options The funders’ requirements Institutional funding structures

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5 7 10 12 15 16 17 20 22 24 29

2007 edition

33 34 36 41 v

5 6 1.3

Bank financing Bond financing

42 43

Public sector projects

47

1 2 3 4 5 1.4

Public–private sector partnerships 1 2 3 4 5 6 7 8 9 10 11

1.5

1.6

49 49 50 52 64 71

Introduction Risk transfer Contractual matrix Design and the technical documentation Design development Compliance monitoring Service commencement Construction (Design and Management) Regulations 1994 Direct agreements and collateral warranties Application of the Housing Grants, Construction and Regeneration Act 1996 (‘HGA’), Part II, to PFI transactions Dispute resolution

73 80 86 89 96 100 103 107 110 114 117

Tender process

119

1 2 3 4 5 6 7 8 9 10 11

121 128 142 144 152 152 153 155 161 169 170

Introduction Tendering construction contracts Tendering consultant contract Tendering guidelines Public sector tendering Subcontract tendering The risks in tendering PFI/PPP/DBFO Contracts Turning tenders into contracts Tender abuses Freedom of Information Act 2000

The construction contract 1 2 3 4 5 6 7

vi

Introduction Why should public sector projects be different? What constitutes the public sector? Substantive procurement rules Some problem areas in the application of procurement law

173

Introduction The principal types of construction contract Documents forming part of the construction contract Part II of the Housing Grants, Construction and Regeneration Act 1996 The applicable law of the contract Selection of conditions of contract in practice Subcontracts and collateral warranties 2007 edition

175 177 186 188 189 190 195

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1.7

Construction insurance 1 2 3 4 5

197

General insurance Types of insurance Construction insurance provisions under traditional building contracts and civil engineering contracts Professional indemnity insurance (PI) Latent defects insurance

199 206 213 214 216

PART 2 Organizing and engineer’s practice Section editor: Jenny Baster 2.1

Ways of operating 1 2 3 4 5

2.2

255

Introduction Reasons for establishing a joint venture Principal considerations in establishing a joint venture to tender Types of legal structure Competition aspects Conclusions

Introduction Strategic considerations Practical issues – logistics Regulatory frameworks Some tax issues Tax check-list

Form of appointment Key issues that arise in appointment documents Working for design and construct contractor Standard forms

295 296 325 329 333

What is a collateral warranty? So why are collateral warranties needed?

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271 271 273 278 282 290 293

Collateral warranties 1 2

257 257 259 262 267 267 269

The engineer’s appointment 1 2 3 4

2.5

227 231 239 252 254

Working internationally 1 2 3 4 5 6

2.4

Sole practices Partnership Companies EEIGs Summary

Working with others 1 2 3 4 5 6

2.3

225

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335 336 vii

3 4 5 6 7 8 9 10

2.6

Professional indemnity insurance 1 2 3 4 5 6

2.7

Introduction Professional indemnity insurance Claims Extensions Project insurance Disclosure requirements

351

355 355 361 365 366 366 367

Contract of employment or contract for services? Defining a contract of employment Taxation of subsistence and travel allowances in the UK Wrongful and unfair dismissal TUPE transfers Working time regulations Collective consultation Legislation update: recent and forthcoming legislation

Information technology in the construction industry 1 2 3 4

336 338 339 341 349 350 350

353

Employment law 1 2 3 4 5 6 7 8

2.8

Warrantors and beneficiaries Issues for the client The obligation to provide collateral warranties Terms of the collateral warranty Step-in provisions and collateral warranties Contractor’s warranties Common abuses The Contracts (Rights of Third Parties) Act 1999 – the end of collateral warranties?

Introduction Procuring and supplying technology as product Procuring and supplying technology as services General legal issues and computers

369 377 383 386 391 395 398 400 407 409 414 424 431

PART 3 General law Section editor: Sir Vivian Ramsey QC 3.1

The law of contract 1 2 3 4 5 6

viii

445

Why bother? Making a contract Offer and acceptance Consideration Construction of a contract Terminating or determining a contract 2007 edition

447 449 451 453 454 461 www.constructionlawhandbook.com

7 3.2

3.3

467

1 2 3 4 5 6 7 8 9 10

469 469 471 481 490 497 500 505 519 523

Introduction The regulatory agencies Enforcement The Health and Safety at Work etc. Act 1974 Management duties Management obligations – construction and engineering projects Construction-orientated legislation Hazard-specific regulations: use of equipment Supply of work equipment and materials General workplace safety requirements

Insolvency in construction

533

Informal insolvency Formal Insolvency Insolvency set-off Insolvency claims Termination of contracts Case study Security for performance Security for payment

535 536 544 548 552 558 561 565

Law of tort 1 2 3 4 5 6 7

3.5

464

Construction health and safety

1 2 3 4 5 6 7 8 3.4

Disputes and remedies

573

Negligence Nuisance Rylands v. Fletcher Breach of statutory duty Occupiers’ liability Defective Premises Act 1972 Trespass

575 590 598 600 601 605 606

Environmental issues

609

1 2 3 4 5 6 7 8 9 10 11 12

611 611 614 619 621 627 629 631 632 633 635 635

Introduction Sources of environmental law and those who enforce it Waste management Water pollution Contaminated land Air pollution Noise Asbestos Nature conservation Environmental impact assessment Environmental management systems Public access to information

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ix

PART 4 Construction disputes Section editor: Mike O’Reilly 4.1

Administration of claims 1 2 3 4 5 6 7 8 9

4.2

4.3

Dispute avoidance Legal basis of claims Claims for extension of time Liquidated damages Claims for site conditions Financial claims Delay and disruption – financial claims Management of claims Particular administrative claim issues

641 657 667 739 750 755 762 770 773

Litigation

785

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18

787 787 787 789 789 792 792 792 793 794 794 796 798 799 799 800 800 801

Introduction The overriding objective Pre-action Commencing proceedings Issuing a claim Directions/case management conference Is summary judgment appropriate? Disclosure (formerly called discovery) – Rule 31 Specific disclosure and inspection Is it appropriate to make an offer of settlement? Evidence Hearings – interim applications Pre-trial review Trials Judgments Time for complying with the judgment or order Enforcement and costs Funding issues

Arbitration 1 2 3 4 5 6 7 8 9

x

639

805

Introduction Commencing an arbitration The arbitration process Preparation of factual evidence Presentation of the case to the arbitrator The arbitrator’s award Particular powers of arbitrators Particular problems The international dimension

2007 edition

807 808 810 811 812 813 816 817 818

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4.4

Adjudication 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

4.5

821

What is adjudication? What contracts must provide a statutory right to adjudication? The existence of a dispute What provisions must be incorporated into a construction contract to comply with the HGCRA 1996? Notice of intention to withold payment The statutory right to suspend performance for non-payment The ‘scheme’ for construction contracts The nature of disputes usually adjudicated Who may be an adjudicator? The adjudicator’s jurisdiction The appointment of the adjudicator Fees and costs The adjudicator’s powers Duties of the adjudicator Duties of the parties Adjudication under contract Specific provisions in the ICE (and other standard form) contracts What is the position if only the referring party takes part in the adjudication? The form and content of an adjudicator’s decision To what extent is the decision binding on the parties? Enforcement of the adjudicator’s decision The adjudicator’s immunity Does the Human Rights Act 1998 apply to adjudication?

823 825 832 837 842 844 845 846 848 848 854 854 856 858 863 863 863 864 865 865 867 869 870

Alternative dispute resolution

871

1 2 3 4 5 6 7 8 9 10 11 12

873 875 876 879 882 883 885 885 886 887 894

13 14 15

Introduction Negotiated settlements Mediation Conciliation Mini-trial Dispute resolution panels Early neutral evaluation Expert determination Mediation–arbitration ‘Staged’ dispute resolution provisions Amicable settlement The legal effect of ADR clauses – to what extent are they enforceable? Advantages and disadvantages of ADR Selecting a mechanism for construction disputes Limitation periods and time limits Newsletter 2005–2006

Index

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894 897 898 900 901 925

2007 edition

xi

Table of cases

A Straume (UK) Ltd v. Bradlor Developments Ltd [2000] BCC 333 538, A&D Maintenance and Construction Ltd v. Pagehurst Construction Services Ltd [1999] CILL 1518 836, A&S Enterprises Ltd v. Kema Holdings Ltd [2005] BLR 76 A. Bell and Son (Paddington) Ltd v. CBF Residential Care and Housing Association [1989] 46 BLR 102 A. G. v. Logan [1891] 2 QB 100 Aaron’s Reefs v. Twiss [1896] AC 273 ABB Power Construction Ltd v. Norwest Holst [2001] 77 Con LR 20 ABB Zantingh Ltd v. Zedal Building Services Ltd [2001] BLR 66 828, Abbey Developments Limited v. PP Brickwork Limited [2003] EWHC 1987 Absolute Rentals v. Glencor Enterprises Ltd (unreported, 16 January 2000) AC Controls Ltd v. British Broadcasting Corporation [2002] EWHC 3132 Aktion Maritime v. Kasmas [1987] 1 LR 283 Alabaster v. Woolwich plc and Secretary of State for Social Security [2004] IRLR 486 Alexander v. Cambridge Credit Corporation [1987] 9 NSWLR Alfred McAlpine Capital Projects Limited v. Tilebox Limited [2005] EWHC 281 671, 746, Alghussein Establishment v. Eton College [1988] 1 WLR 587 All In One Building Refurbishments Ltd v. Makers UK Ltd [2005] EWHC 2943 834, Allen Wilson Shopfitters v. Buckingham [2005] 102 Con LR 154 831, 832, Allen v. Gulf Oil Refining Ltd [1980] QB 156 595, Allied London and Scottish Properties plc v. Riverbrae Construction Ltd [1999] BLR 346 858, Amalgamated Building Contractors Ltd v. Waltham Holy Cross Urban District Council (1952) Amec & Alfred McAlpine (Joint Venture) v. Cheshire County Council [1999] BLR 303 724, Amec Capital Projects Ltd v. Whitefriars City Estates Ltd [2005] BLR 1 AMEC Civil Engineering Limited v. Secretary of State for Transport [2004] EWHC 2339 www.constructionlawhandbook.com

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848 867 861 749 592 204 828 850 761 868 662 556 403 737 747 748 868 867 598 860 717 778 861 832 xiii

AMEC Civil Engineering Limited v. Secretary of State for Transport [2005] EWCA 291 Amec Process and Energy Ltd v. Stork Engineers & Contractors BV [2002] 764, Analogy v. Bell Basic Industries [1996] 12 BCL 291 Andrew Wallace Ltd v. Artisan Regeneration Ltd and another [2006] EWHC 15 Andrews v. Schooling [1991] 1 WLR 783 Anglia Television v. Reed (1972) Anns v. London Borough of Merton [1978] A.C. 728 Anns v. Merton London Borough Council [1978] AC 728 Antaios Compania Naviera S.A. v. Salen Rederierna A.B. [1985] AC 191, 201 Antaios [1981] 2 Lloyd’s Rep 284 Archivent v. Strathclyde General Council [1984] 27 BLR 111 Ardmore Construction v. Taylor Woodrow Ltd [2006] CSOH 3 Ariston SRL v. Charly Records Limited [1990] Ascon Contracting Limited v. Alfred McAlpine Construction Isle of Man Limited [1999] 670, 673, 722, 732, Ashville Investments Ltd v. Elmer Contractors Ltd [1988] 2 Lloyd’s Rep 73 Ashville Investments Ltd v. Elmer Construction Ltd [1988] 2 All ER 577 Austin Hall Building Ltd v. Buckland Securities Ltd [2001] BLR 272 Austin Rover Group Ltd v. HM Inspector of Factories [1990] 1 AC 619 AWG Construction Services Ltd v. Rockingham Motor Speedway Ltd [2004] EWHC 88 834, AWG Construction Services Ltd v. Rockingham Motor Speedway [2004] 20 Const LJ T107 860, B R Cantrell v. Wright & Fuller Ltd [2003] EWHC 1545 758, 759, Baker v. Willoughby [1970] AC 467 Baldwins Industrial Services plc v. Barr Ltd [2003] BLR 176 548, 829, Balfour Beatty Building Ltd v. Chestermount Properties Ltd [1993] 62 BLR 12 Balfour Beatty Construction v. London Borough of Lambeth [2002] BLR 288 859, Balfour Beatty Construction v. Serco Ltd (unreported, 21 December 2004) Balfour Beatty v. Britannia Life [1997] SLT (OH) 10 Balfour Beatty v. Technical & General Guarantee [1999] 68 Con LR 180 Balfour Kilpatrick v. Glauser International SA (unreported) Ball v. The Eden Project [2002] 1 BCLC 313 Ballast plc v. The Burrell Co. (Construction Management) Ltd, [2001] S.L.T. 1039 853, Banbury and Cheltenham Railway v. Daniel [1854] LJ Ch 265 Bank of East Asia v. Scottish Enterprise (unreported, 19 June 1992, Lexis) Banque Bruxelles S.A. v. Eagle Star [1996] 3 WLR 87, 101 (d–g) Banque Financie`re de la Cite´ v. Parc (Battersea) Ltd [1999] 1 AC 221 Banque Financie`re de la Cite´ S.A. v. Westgate Insurance Co. Ltd (‘Westgate’) [1988] 2 Lloyd’s Rep 513 Banque Keyser SA v. Skandia [1991] Barnes & Elliott Ltd v. Taylor Woodrow Holdings Ltd. and another [2004] BLR 111 Barnett v. Chelsea and Kensington Hospital Management [1969] 1 QB 428 Barr Ltd v. Law Mining Ltd [2001] 80 Con LR 134 836, 857, Bath and North East Somerset District Council v. Mowlem plc [2004] EWCA Civ 115 740, xiv

2007 edition

892 765 549 830 605 660 336 576 455 815 562 860 747 766 835 892 870 485 835 868 760 583 868 736 861 867 571 564 857 551 858 562 554 465 663 203 737 839 582 866 748

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Baxall v. Sheard Walsall [2002] CILL 1837 577, Beaufort Developments v. Gilbert Ash [1998] 2 WLR 860 Beck Peppiatt Ltd v. Norwest Holst Construction Ltd [2003] BLR 316 Beckmann v. Dynamco Whicheloe MacFarlane Ltd Bella Casa Ltd v. Vinestone [2005] EWHC 2807 Bennett & White v. Municipal District of Sugar City [1951] AC 786 Bernhard’s Rugby Landscapes Ltd v. Stockley Park Consortium (No. 2) [1998] BLR BHP Billiton Petroleum Ltd v. Dalmine SpA [2003] EWCA Civ 170 735, Big Island Contracting (H.K.) Ltd v. Skink Ltd [1990] 52 BLR 110 Biggerstaff v. Rowatt’s Wharf [1896] 2 Ch 93 Biggins and Co Ltd v. Permanite Ltd [1950], [1951] 2 All ER 191 Birse Construction Ltd v. Eastern Telegraph Company Ltd [2004] EWHC 2512 Blackpool and Fylde Aero Club Limited v. Blackpool Borough Council Bloor Construction (UK) Ltd v. Bowmer & Kirkland (London) Ltd [2000] BLR 314 862, Blyth & Blyth Limited v. Carillion Construction Limited [2002] 79 Con LR 142 111, 328, Bolam v. Friern Hospital Management Committee [1957] 1 WLR 582 Bolitho v. City of Hackney Health Authority [1998] AC 232 Bolton v. Mahadeva [1972] Bonford v. Turnley 3 B & S 66; 122 ER 27 Bouygues (UK) Ltd v. Dahl-Jensen UK Ltd [2000] BLR 49 Bouygues UK Ltd v. Dahl-Jensen UK Ltd [2000] BLR 522 546, 866, Bouygues v. Shanghai Links [1998] 2 HKLRD 479 Bower v. Peate [1876] 1 QB 321 BP Refinery (Westernpoint) Pty Ltd v. Shire of Hastings [1978] 52 AUJR 20 Bramall & Ogden Ltd v. Sheffield City Council [1985] 29 BLR 73 Braymist v. Wise Finance Ltd [2002] 2 All ER 333 Bremer Handelsgesellschaft Gmbh v. Vanden Avenne-Izegem [1978] 2 LLR 109 Bridgeway Construction Ltd v. Tolent Construction Ltd [2000] 18 CLD-09-22 Briggs Ltd v. Governors of Southfield School [2005] (TCC) BLR 468 British Eagle v. Air France [1975] 2 All ER 390 British Steel Corporation v. Cleveland Bridge & Engineering Company Limited [1981] 24 BLR 100 162, 163, 669, British Steel Corporation v. Cleveland Bridge & Engineering Co. Ltd [1983] British Westinghouse v. Underground Electric Railway [1912] Brodie v. Corporation of Cardiff [1919] AC 337 Brown v. Bateman [1867] LR 2 CP 272 Bruno Zornow (Builders) Ltd v. Beechcroft Developments Ltd [1990] 51 BLR 16 669, Bryen and Langley Ltd v. Boston [2005] BLR 508 831, Buildspeed Construction v. Theme [2000] 4 SLR 776 Bunker v. Charles Brand & Son Ltd [1969] 2 QB 480 Burchell v. Bullard [2005] CA BLR 330 Burnie Port Authority v. General Jone Pty Ltd [1994] 120 ALR 42 Buxton Building Contractors Ltd v. Governors of Durand Primary School [2004] BLR 374 Bybrook Barn Centre v. Kent County Council [2000] CA www.constructionlawhandbook.com

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586 818 833 393 660 563 715 762 681 539 773 660 125 866 557 581 581 679 594 823 868 566 593 458 714 827 710 855 653 552 715 661 731 758 563 713 832 550 602 652 599 860 596 xv

C&B Scene Concept Design Ltd v. Isobars Ltd [2002] BLR 93 C.J. Sims v. Shaftesbury plc Cable & Wireless plc v. IBM United Kingdom Limited [2002] EWHC 2059 Cambridge Water v. Eastern Counties Leather [1994] 2 AC 264 593, 598, Campbell Discount Co Ltd v. Bridge [1962] AC 600 Canary Riverside Development (Private) Ltd v. Timtec International Ltd [2000] 19 Const LJ 283 Canary Riverside v. Timtec [2003] 19 Const LJ 283 Caparo Industries plc v. Dickman [1990] 2 AC 605 Capital Structures plc v. Time & Tide Construction Ltd [2006] EWHC 591 Capolingua v. Phylum Pty Limited [1991] 5 WAR 137 Captiva Estates Ltd v. Rybarn Ltd (in administration) [2005] EWHC 2744 Carillion Construction Ltd v. Devonport Royal Dockyard Ltd [2003] BLR 79 830, 834, Carillion Construction Ltd v. Devonport Royal Dockyard Ltd [2005] BLR 310 846, 860, Carillion Construction Ltd v. Devonport Royal Dockyard Ltd [2006] BLR 15 846, Carr v. J. A. Berriman Pty Ltd [1953] 27 ALJ 273 669, Carter v. Boehm [1766] 3 Burr 1905 Castle Inns (Stirling) Ltd v. Clark Contracts Ltd [2005] ScotCS CSOH 178 760, 839, CCC Films (London) v. Impact Quadrant Films [1985] Chamberlain Carpentry & Joinery Ltd v. Alfred McAlpine Construction Ltd (unreported, 25 March 2002) Channel Tunnel Group Limited v. Balfour Beatty Construction Limited [1993] 61 BLR 1 Charing Cross Electricity Supply Co. v. Hydraulic Power Co. [1914] 3 KB 772 Charles Rickards Ltd v. Oppenheim [1950] Chatsworth v. Cussins [1969] 1 All ER 143 Checkpoint Ltd v. Strathclyde Pension Fund [2003] 14 EG 124 Christiani & Nielsen v. The Lowry Centre [2005] Const LJ T7 825, Church Commissioners v. D & F Estates [1989] A.C. 177 CIB Properties Ltd v. Birse Construction Ltd [2005] BLR 173 834, City Inn Ltd v. Shepherd Construction Ltd (unreported, 17 July 2001) City Inn Ltd v. Shepherd Construction Ltd [2003] City of London Corporation v. Bovis Construction Ltd [1992] 3 All ER 697 489, 596, Civil Engineering Limited v. Secretary of State for Transport Clare v. Whittaker & Son Ltd [1976] ICR 1 Clark Contracts Ltd v. The Burrell Co. (Construction Management) Ltd [2002] S.L.T. 103 Clarke & Sons v. ACT Construction [2002] EWCA Civ 972 661, Clayton v. Woodman & Sons (Builders) Ltd [1962] 2 All ER 33 Close Invoice Finance Limited v. Belmont Bleaching and Dying Company [2003] Colbart Ltd v. Kumar [1992] Collins (Contractors) Ltd v. Baltic Quay Ocean Management (1994) Ltd [2005] BLR 63 832, Colls v. Home and Colonial Stores [1904] AC 179 Comsite Projects Ltd v. Andritz AG [2003] EWHC 958 824, xvi

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866 163 895 599 747 848 538 576 837 874 832 861 865 860 761 203 855 660 857 895 599 714 556 864 849 336 835 865 750 631 890 604 841 665 529 679 759 844 596 829

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Connex South Eastern Ltd v. M J Building Services Group plc [2005] EWCA Civ 193 653 Connex South Eastern Ltd v. MJ Building Services Group plc [2004] 95 Con LR 43 838 Connex South Eastern Ltd v. MJ Building Services Group plc [2005] BLR 201 838 Connex South Eastern Ltd v. MJ Building Services Group plc [2005] EWCA Civ 193, [2005] BLR 201 825 Conor Engineering Ltd v. Les Constructions Industrielle de la Mediterranee [2004] BLR 212 829 Cooperative Insurance Society Limited v. Henry Boot Scotland Limited [2002] EWHC 1270 642 Costain Civil Engineering Ltd v. Zanen Dredging & Contracting Co [1997] 85 BLR 77 663, 666 Costain International v. Davy McKee (unreported, 25 November 1990) 564 Costain Ltd v. Strathclyde Builders Ltd [2004] S.L.T. 102 839, 860 Countrywide Communications Ltd v. ICL Pathway Ltd [2000] CLC 324 664 Courtney & Fairbairn v. Tolaini Brothers (Hotels) Limited [1975] 1 WLR 297 894 Cowlin Construction Ltd v. CFW Architects [2003] BLR 241 834 CPL Contracting Ltd v. Cadenza Residential [2005] 21 Const LJ T1 851 Crown Estate Commissioners v. John Mowlem & Co Ltd [1994] 70 BLR 1 759 Cutler v. Wandsworth Stadium Limited [1946] AC 398 600 Cygnet Healthcare plc v. Higgins City Ltd [2000] 16 Const LJ 366 850 D & F Estates Ltd v. Church Commissioners [1989] AC 177 578 Daejan Investments Ltd v. Buxton Associates [2004] BLR 223 652 Dalkia Utilities v. Celtech International [2006] EWHC 63 555 David McLean Housing Contractors Ltd v. Swansea Housing Association Ltd [2002] BLR 125 854, 857 David Michael Lusty v. Finsbury Securities Ltd [1991] 58 BLR 66 847 Davy Offshore Ltd v. Emerald Field Contracting Ltd [1992] 55 BLR 1 714 Dean & Dyball Construction Ltd v. Kenneth Grubb Associates [2003] 100 Con LR 92 834, 860 Deko Scotland Ltd v. Edinburgh Royal Joint Venture and others 2003 SLT 727 856 Delaware Mansions v. Westminster City Council [2001] 3 WLR 1007 592 Diamond v. PJW Enterprises Ltd [2002] Scotcs 340 826, 836, 847, 866 Dimond v. Lovell [1999] 731 Discain Project Services Ltd v. Opecprime Development Ltd [2001] BLR 285 859 Dixons Group plc v. Jan Andrew Murray-Oboynski [1998] 86 BLR 16 886 Donoghue v. Stevenson [1932] AC 562 575 Downsview Nominees v. First City Corp [1993] 3 All ER 626 539 DSND Subsea Ltd v. Petroleum Geo-Services ASA and PGS Offshore Technology AS [2000] 672, 732 Dunnett v. Railtrack plc [2002] EWCA 2002 896 Easat Antennas Ltd v. Racal Defence Electronics Ltd [2000] 664 East Ham Corporation v. Bernard Sunley [1966] 659 ECM v. Cox 392 Edmund Nuttall Ltd v. RG Carter Ltd [2002] BLR 312 648, 833, 834 Edmund Nuttall v. Sevenoaks District Council (unreported, 14 April 2000) 866 Edwards v. National Coal Board [1949] 1 KB 704 482 Edwards v. Railway Executive [1952] AC 737 603 www.constructionlawhandbook.com

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Egan v. State Transport Authority [1982] 31 SASR 481 562 Elanay Contracts Ltd v. The Vestry [2001] BLR 33 851, 870 Elitestone v. Morris [1997] 2 All 513 562 Ellerine Bros. (Pty.) Ltd v. Klinger [1982] 1 WLR 1375 833 Ellis-Don Ltd v. The Parking Authority of Toronto [1978] 28 BLR 106 775 Emcor Drake & Scull v. Costain Skanska Joint Venture [2004] EWHC 2439 852 Empress Car Company (Abertillery) Ltd v. The National Rivers Authority [1999] 2 AC 22 619 Emson Eastern Ltd v. E.M.E. Developments Ltd [1991] 55 BLR 114 681 English Industrial Estates Corporation v. Kier Construction Ltd [1991] 56 BLR 93 673 EQ Projects Limited v. Javid Alavi [2006] BLR 130 651 ERDC Group Ltd v. Brunel University [2006] 165, 662, 665, 666, 667 Exports Credits Guarantee Department v. Universal Oil Products Company [1983] 23 BLR 106 740 Express Medicals Ltd v. Network Rail Infrastructure Ltd 170 F&G Sykes (Wessex) Ltd v. Fine Fare Ltd [1967] 1 Lloyd’s Rep. 53 835 Fairclough Building Limited v. Port Talbot BC 128 Fairclough Building v. Rhuddlan Borough Council [1985] 30 BLR 26 781 Faithful and Gould Ltd v. Arcal Ltd and others (unreported, 25 May 2001) 848 Farebrother Building Services Ltd v. Frogmore Investments Ltd (unreported, 20 April 2001) 853, 869 Farley v. Housing and Commercial Developments [1984] 26 BLR 66 545 Fastrack Contractors Ltd v. Morrison Construction Ltd and another [2000] BLR 168, [2000] 75 Con LR 33 849, 853 Fence Gate Ltd v. James R Knowles Ltd (unreported, 31 May 2001) 826 Ferguson v. Welsh [1987] 3 All ER 777 528, 602 Fernbrook Trading Co. Ltd v. Taggart (1979) 717 Ferson Contractors Ltd v. Levolux AT Ltd [2003] BLR 118 553, 843, 866 Field v. Leeds City Council 847 Fillite (Runcorn) Ltd v. Aqua-Lift [1989] 45 BLR 27 836 Floods of Queensferry Ltd v. Shand Construction Ltd [1999] TCC BLR 319 655 Fox v. PG Wellfair Ltd [1981] 2 Lloyd’s Rep 514 863 Fraser v. Oystertec [2004] BCC 233 552 G. Percy Trentham v. Architral Luxfer [1993] 1 LR 25 451 Galliford (UK) Ltd Trading as Galliford Northern v. Markel Capital Ltd (unreported, 12 May 2003) 823 Galliford Try Construction Ltd v. Michael Heal Associates Ltd [2004] 99 Con LR 19 827 Galoo Limited v. Bright Grahame Murray [1995] 1 All Eng 16 737 Garmac Grain Co. v. Faire and Fairclough [1968] 731 George Parke v. The Fenton Gretton Partnership [2001] CILL 1712 543, 869 Gericevich v. Sabemo [1984] 9 ACLR 452 549 Gibson Lea Retail Interiors Ltd v. MAKRO Self-Service Wholesalers Ltd [2001] BLR 407 827 Gibson v. Imperial Homes (unreported, 18 June 2002) 826 Gilbert-Ash (Northern) Limited v. Modern Engineering (Bristol) Limited [1974] AC 689 756, 780 Gillingham BC v. Medway (Chatham) Dock Ltd [1993] QB 343 595 GLC v. Cleveland Bridge Engineering Company Limited [1984] 34 BLR 50 670, 671 xviii

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Glencot Development and Design Co. Ltd v. Ben Barrett & Son (Contractors) Ltd [2001] BLR 207 654, 823, 861, Glenlion Construction Ltd v. Guinness Trust [1987] 39 BLR 89 671, 721, Glossop v. Heston & Isleworth Local Board [1879] 12 ChD 102 Gold v. Patman and Fotheringham Great Eastern Hotel Company Ltd v. John Laing Construction Ltd [2005] EWHC 181 Greaves & Co. (Contractors) Ltd v. Baynham Meikle [1975] 3 All ER 99 Griffin and Tomlinson v. Midas Homes Ltd [2000] 78 Con LR 121 833, 838, 846, Grovedeck Ltd v. Capital Demolition Ltd [2000] BLR 181 829, Guardi Shoes Ltd v. Datum Contracts (unreported, 28 October 2002, Ferris, J) H Fairweather and Co Ltd v. London Borough of Wandsworth [1987] 39 BLR 106 H.W. Nevill (Sunblest) Ltd v. William Press & Son Ltd [1981] 20 BLR 83 H.W. Neville (Sunblest) Ltd v. William Press and Son Ltd [1981] 20 BLR 78 Hadley v. Baxendale [1854] 739, Halesowen Presswork v. National Westminster Bank [1972] AC 785 Halifax Financial Services Limited v. Intuitive Systems Limited [1999] CILL 1467 Halki Shipping Corpn. v. Sopex Oils Ltd [1998] 2 All ER 23 824, Hall v. Beckenham Corp. [1949] 1 KB 716 Halls v. O’Dell [1992] 2 WLR 308 Halsey v. Milton Keynes General NHS Trust [2004] EWCA Civ 576 652, 874, Hampton v. Toxteth Co-operative Provident Society Ltd [1915] 1 Ch 721 Hargreaves v. Action 2000 [1993] BCLC 1111 Harlow & Milner Ltd v. Teasdale [2006] EWHC 1708 Harmon CFEM Facades (UK) Ltd v. The Corporate Officer of the House of Commons [1999] All ER(D) 1178 64, Harper v. Haden & Sons [1933] Ch. 298 at 308 590, Harrington v. Co Partnership [1998] 88 BLR 44 Harrop v. Thompson and other [1975] Harvey Shopfitters Ltd v. ADI Ltd [2004] 2 All ER 982 Hassneh Insurance v. Mew [1993] 2 Lloyd’s Rep. 243 Havant Borough Council v. South Coast Shipping Company Ltd [1996] CILL 1146 Hayter v. Nelson [1990] 2 Lloyd’s Rep. 265 Henderson v. Merrett Syndicates Ltd [1995] 2 AC 145 Henderson v. Merrett [1994] 3 All ER 506 Henderson v. Merrett [1994] 3 WLR 761 Henry Boot Construction (UK) Ltd v. Malmaiston Hotel (Manchester) Ltd [1999] 70 ConLR 32 Henry Boot Construction Ltd v. Alstom Combined Cycles Ltd [2005] EWCA Civ 814 Henry Boot v. The Croydon Hotel [1985] 36 BLR 41 Herschel Engineering Ltd v. Breen Property Ltd [2000] BLR 272 838, Herschell Engineering Ltd v. Breen Property Ltd (unreported, 28 July 2000) Heskell v. Continental Express Limited [1995] 1 All Eng 1033 Heyman and another v. Darwins Ltd [1942] AC 356 Hickman v. Roberts [1913] Hills Electrical and Mechanical plc v. Dawn Construction Ltd [2003] ScotCS 107 www.constructionlawhandbook.com

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HM Attorney General for the Falkland Islands v. Gordon Forbes Construction (Falklands) Limited [2003] BLR 280 Hoenig v. Isaacs [1952] 2 All ER 176 Holland Hannon Cubitts (Northern) Ltd v. Welsh Health Technical Services Organisation [1981] Holland v. Hodgson [1872] LR 7 CP 328 Holmes v. Wilson [1839] 10 A & E 50 Holt Insulation Ltd v. Colt International Ltd (unreported, 2 February 2001) Home and Overseas Insurance Co. Ltd v. Mentor Insurance Co. (UK) Ltd [1990] 1 WLR 153 Homer Burgess Ltd v. Chirex (Annan) Ltd [2000] BLR 124 828, Hosking v. de Havilland Aircraft Ltd [1949] 1 WLR 540 Hounslow v. Twickenham Garden Developments [1970] 7 BLR 89 Hsin Chong v. Yaton Realty [1986] 40 BLR 119 Hubbard v. Pitt [1976] QB 142 Hunter v. Canary Wharf [1997] 2 WLR 684 591, 592, IBA v. EMI [1980] ICS Ltd v. West Bromwich BS [1998] 1 WLR 912 IDE Contracting Ltd v. RG Carter Cambridge Ltd [2004] BLR 172 Impresa Castelli SpA v. Cola Holdings Limited [2002] Inserco Ltd v. Honeywell Control Systems [1996] Interfoto v. Stilletto Visual Programmes [1989] 1 QB 433 Interserve Industrial Services Ltd v. Cleveland Bridge UK Ltd [2006] EWHC 741 J. and J. Fee Ltd v. The Express Lift Company Ltd [1993] 34 ConLR 147 J. F. Finnegan Ltd v. Sheffield City Council [1988] 43 BLR 130 J. Jarvis and Sons v. Westminster Corporation [1978] 7 BLR 64 J. Sainsbury plc v. Broadway Malyan [1999] 61 ConLR 31 Jeancharm Limited v. Barnet Football Club Limited [2003] EWCA Civ 58 744, 746, Jerome Engineering Ltd v. Lloyd Electrical Services Ltd (unreported, 23 November 2001) Jobling v. Associated Dairies [1982] AC 794 John Barker Construction Ltd v. London Portman Hotel Ltd [1996] 83 BLR 35 717, 722, John Cothliff Ltd v. Allen Build (NW) Ltd [1999] CILL 1530 855, John Doyle Construction Ltd v. Laing Management (Scotland) Ltd [2002] John Doyle Construction Ltd v. Laing Management Ltd [2004] 737, 738, John Holland Construction v. Kvaerner R. J. Brown [1996] 82 BLR 83 John Mowlem & Co. plc v. Eagle Star Insurance Co. Ltd John Mowlem & Company plc v. Hydra-Tight Ltd [2000] 653, John Mowlem & Co. plc v. Hydra-Tight & Co. plc [2001] 17 CLJ 358 825, 837, 838, 850, 854, 888, John Roberts Architects Ltd v. Parkcare Homes (No. 2) Ltd [2006] BLR 106 855, Johnson v. Agnew [1980] AC 367, 400(h)–401(b) Joinery Plus Ltd (In Administration) v. Laing Ltd [2003] BLR 184 538, Jolley v. Sutton LBC [2000] 1 WLR 1082 Jones v. North [1975] Joseph Finney plc v. Vickers and Vickers (unreported, 7 March 2001) JT Mackley & Co. Ltd v. Gosport Marina Ltd [2002] BLR 367 656, xx

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Junior Books Ltd v. Veitchi Co. Ltd [1983] A.C. 520 336, 578 Kabushiki Kaisha Sony Computer Entertainment v. Gaynor David Ball & Others [2004] EWHC 1984 650 Karl Construction (Scotland) Ltd v. Sweeney Civil Engineering (Scotland) Ltd [2002] 85 Con LR 59 837 Khorasandjian v. Bush [1993] QB 727 592 Kier Regional Ltd v. City & General (Holborn) Ltd [2006] EWHC 848 860 Kinstreet v. Balmargo CH 1994, 2999 896 Kitson Sheet Metal Ltd v. Matthew Hall Mechanical and Electrical Engineers Ltd [1989] 47 BLR 82 673, 775 KNS Industrial Services (Birmingham) Ltd v. Sindall Ltd [2000] 75 Con LR 71 837, 841, 869 L. B. Merton v. Stanley Hugh Leach, Wharf Properties Ltd v. Eric Cumine Associates 763 L/M International v. The Circle [1995] 48 Con LR 12 551 Lafarge (Aggregates) Ltd v. Newham London Borough Council [2005] EWHC 1337 839 Laing and Morrison Knudson v. Aegon Insurance [1997] 86 BLR 70 552, 555 Laserbore Ltd v. Morrison Biggs Wall Ltd [1992] 665 Lathom Construction Ltd v. Cross [1999] CILL 1568 851 Lawson v. Serco 381 Lester Williams v. Roffey Brothers & Nicholls (Contractors) Ltd [1989] 48 BLR 69 724 Lipe v. Leyland DAF [1993] BCC 385 563 Locabail v. Bayfield [2000] QB 415 861 London & Amsterdam Properties Ltd v. Waterman Partnership Ltd [2004] BLR 179 847 London & Amsterdam Properties Ltd v. Waterman Partnership Ltd [2005] BLR 179 834 London & Amsterdam Properties Ltd v. Waterman Partnership [2003] EWHC (TCC) 3059, [2003] 94 Con LR 154 834 London Borough of Merton v. Leach [1988] 32 BLR 51 775 London Underground Ltd v. Kenchington Ford plc [1998] QBD 63 ConLR 1 781 Lonrho Limited v. Shell Petroleum Limited [1981] 2 AER 456 600 Lordvale Finance plc v. Bank of Zambia [1996] QB 752 744 Lovell Construction v. Independent Estates [1994] 1 BCLC 31 551, 565, 566, 567 Lovell Projects Ltd v. Legg and Carver [2003] BLR 452 832, 834 LPL Electrical Services Ltd v. Kershaw Electrical Services Ltd (unreported, 2 February 2001) 838 LRE Engineering Services Ltd v. Otto Simon Carves Ltd [1981] 24 BLR 131 773 Lubenham Fidelities v. South Pembrokeshire District Council [1986] 33 BLR 39 844 Lubenham v. South Pembrokeshire District Council [1986] 33 BLR 46 768 Lumbermans Mutual Casualty Co. v. Bovis Lend Lease Ltd [2004] AER 36 206 M Rohde Construction v. Nicholas Markham-David [2006] EWHC 814 839 MacJordan Construction v. Brookmount Erostin [1992] 56 BLR 1 549, 569 Macob Civil Engineering Ltd v. Morrison Construction Ltd [1999] BLR 93 848, 859, 866, 867, 869 Malgar Ltd v. R.E. Leach (Engineering) Ltd [2000] 650 Malone v. Laskey [1907] 2 KB 141 592 www.constructionlawhandbook.com

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Mannai Investment Co. Ltd v. Eagle Star Life Assurance Co. Ltd [1997] AC 749 454, 455 Marcic v. Thames Water Utilities [2002] 2 WLR 932 597 Marcic v. Thames Water Utilities [2004] 2 AC 42 593, 598 Mark Rowlands Ltd v. Berni Inns Ltd [1986] 1 QB 211 (CA) 205 Markos v. Goodfellow and others [2002] EWCA Civ 1542 866 Marshalls Clay v. Caulfield and Ors 397 Martin Grant and Co. Ltd v. Sir Lindsay Parkinson and Co. Ltd [1984] 674 Matthew Hall Ortech Limited v. Tarmac Roadstone Limited [1997] 759 Maxi Construction Management Ltd v. Mortons Rolls Ltd [2001] ScotCS 199 840 Mayer Parry Recycling v. The Environment Agency (High Court, 9 November 1995) 615 Mayfield Holdings Ltd v. Moona Reef Ltd [1973] INZLR 309 776 Maymac Environmental Services Ltd v. Faraday Building Services Ltd [2000] 75 Con LR 101 849 McAlpine PPS Pipeline Systems v. Transco [2004] BLR 352 837 McArdle v. Andmac Roofing Co. [1967] 1 All ER 583 528 McGlinn v. Waltham Contractors Limited [2005] BLR 432 653 McHale v. Watson [1966] 115 CLR 866 580 McLaren Murdoch & Hamilton Ltd v. The Abercromby Motor Group Ltd [2002] 659 Medical Defence Union v. Department of Trade [1979] 2 All ER 421 201 Melville Dundas Ltd v. George Wimpey Ltd and another [2005] ScotCS CSIH 88 843 Merrett v. Babb 365 Mertens v. Home Freeholds Co [1921] 659 Michael John Construction Ltd v. Golledge and others [2006] EWHC 71 831, 868 Midland Expressway Ltd v. Carillion Construction Ltd (No. 1) [2005] EWHC 2963 825 Midland Land Reclamation Ltd v. Warren Energy Ltd [1997] 733 Milburn Services Limited v. United Trading Group (UK) Limited [1995] 52 ConLR 130 775 Millers Specialist Joinery Co. Ltd v. Nobles Construction Co. Ltd (unreported, 13 August 2001) 842 Minster Trust Ltd v. Traps Tractors Ltd [1954] 768, 780 Minter v. WHTSO [1981] 13 BLR 1 764 Mitsui Babcock Energy Services Ltd 2001 S.L.T. 1158 829 Modern Structural (Scotland) Plastics v. Tayloroof (unreported, 3 December 1990) 563 Money Markets v. Stock Exchange [2002] 1 WLR 1150 552 Monk Building and Civil Engineering Ltd v. Norwich Union Life Assurance Society (CA) (1993) 662 Monk Construction Limited v. Norwich Union Life Assurance Society 163 Monmouthshire County Council v. Costelloe & Kemple Limited [1965] 5 BLR 83 808, 833, 884, 888 Moores v. Yakeley Associates (Court of Appeal 1999) 306 Motherwell Bridge Construction Limited v. Micafil Vakuumtecchnik [2002] TCC 81 ConLR 44 723, 732, 736, 766 Mowlem plc (T/A Mowlem Marine) v. Stena Line Ports Ltd 164 Mowlem plc v. PHI Group Limited [2004] 662 Mowlem plc v. Stena Line Ports Limited [2004] EWHC 2206 661, 663 xxii

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Mullan v. Ross [1996] 86 BLR 1 Murphy v. Brentwood District Council [1990] 3 WLR Murphy v. Brentwood District Council [1991] 1 AC 398 576, 577, 578, National Coal Board v. Wm Neill & Son (St Helens) Ltd [1984] 1 All ER 555 National Westminster Bank v. Spectrum Plus Ltd [2005] 2 AC 680 Naylor v. Greenacres Curling Ltd [2001] ScotCS 163 Nema [1980] 2 Lloyd’s Rep 83, 339 Nolan Davis Ltd v. Steven P Catton (unreported, 22 February 2000) Nordot Engineering Services Ltd v. Siemens plc (unreported, 14 April 2001) North Sea Ventilation Limited v. Consafe Engineering (UK) Limited [2004] Northern Developments (Cumbria) Ltd v. J&J Nichol [2000] BLR 158 836, 843, 854, 855, 858, Northern Regional Health Authority v. Crouch [1984] QB 644 Nottingham Community Housing Association Ltd v. Powerminster Ltd [2000] BLR 309 Nye Saunders & Partners v. Alan E Bristow [1997] 37 BLR 92 Nykredit Mortgage Bank Plc v. Edward Erdman Group Ltd Oakley and another v. Airclear Environmental Ltd and another (unreported, 4 October 2001) Oldschool v. Gleeson (Contractors) Ltd and Anor [1976] 4 BLR 103 Orange EBS v. ABB Ltd [2003] BLR 323 Orion Finance v. Crown Financial Management [1994] 2 BCLC 607 Outwing Construction Ltd v. H Randell and Son Ltd [1999] BLR 156 Oxford University Fixed Assets Limited v. Architects Design Partnership [1999] Oxford University Press v. John Stedman Design Group [1990] Palmac Contracting Ltd v. Park Lane Estates Ltd [2005] BLR 301 Palmers Ltd v. ABB Power Construction Ltd [1999] BLR 426 828, 843, 845, Panamena Europea Navigacon Compania Limitada v. Frederick Leyland & Co. Ltd [1947] 715, 758, Pantland Hick v. Raymond & Reid [1893] 669, Paragon Finance v. Nash [2002] 1 WLR 594 CA Parkinson and Co v. Commissioners of Works [1949] 2 KB 632 Parsons Plastics (Research and Development) Ltd v. Purac [2002] BLR 334 842, Paul Thomas Construction Limited v. Damian Hyland and Jackie Power [2000] Peak Construction (Liverpool) Ltd v. McKinney Foundations Ltd [1976] 1 BLR 114 Pegram Shopfitters Ltd v. Tally Weijl (UK) Ltd [2003] BLR 296 Penvidic Contracting Co. Ltd v. International Nickel Co. of Canada Ltd [1975] 53 DLR 748 Penwith District Council v. VP Developments Ltd [1999] EWHC 231 758, Perar v. General Surety [1994] 66 BLR 72 Perar v. General Surety [1994] 67 BLR 72 Percy Bilton Ltd v. Greater London Council [1982] 20 BLR 1 Performance Cars v. Abraham [1962] 1 QB 33 Perini Corporation v. Commonwealth of Australia [1969] 12 BLR 82 717, Perini Corporation v. Commonwealth of Australia [1969] 2 NSWLR 530 Petrofina (UK) Ltd v. Magnaload Ltd [1983] 2 Lloyd’s Rep 91 Phelps v. Hillingdon LBC [2000] 3 WLR 776 Philips Hong Kong Ltd v. The Attorney General of Hong Kong [1993] www.constructionlawhandbook.com

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Philips Products Ltd v. Hyland [1987] 1 WLR 659 Philips v. The Attorney General of Hong Kong [1993] 61 BLR 41 Phillips v. Brewin Dolphin [2001] 1 WLR 143 Photo Productions Ltd v. Securicor Transport Ltd [1980] 1 All ER 556 Picardi v. Cuniberti [2003] BLR 487 Pigott Foundations Ltd v. Shepherd Construction Ltd [1993] 67 BLR 48 670, Pilkington UK Limited v. CGU Insurance plc [2004] EWHC Civ 23 Pioneer Shipping Limited v. BTP Tioxide Ltd ‘The Nema’ [1982] AC 724 Pirelli General Cable Works v. Oscar Faber and Partners [1983] 2 AC 1 Porter v. Magill [2002] 2 AC 357 Pratt Contractors Limited v. Transit New Zealand Prentice Island Ltd v. Castle Contracting Ltd [2003] ScotSC 61 President of India v. Lips Maritime Corp [1988] Prestige v. Brettell [1938] 4 All ER 346 Pring & St Hill v. CJ Hafner [2004] 20 Const LJ 402 857, Prudential Insurance Co. v. IRC [1904] 2 KB 658 Quality Street Properties (Trading) Ltd v. Elmwood (Glasgow) Ltd [2002] CILL 1922 838, 850, Quietfield Ltd v. Vascroft Contractors Ltd [2006] EWHC 174 Quin v. Burch Brothers (Builders) Limited [1968] 2 All Eng 283 R Durtnell & Sons Ltd v. Kaduna Ltd [2003] BLR 225 R G Carter Ltd v. Edmund Nuttall Ltd [2000] R G Carter Ltd v. Edmund Nuttall Ltd (unreported, 21 June 2001) R. v. Associated Octel Petroleum Co. Ltd [1996] 4 All ER 846 484, 487, 488, R. v. Boal [1992] 3 All ER 177 R. v. Board of Trustees of the Science Museum [1993] 3 All ER 853 484, R. v. F Howe & Son [1999] 2 All ER 249 R. v. Kenchington Little plc (Court of Appeal, 17.2.93 (unreported)) R. v. Shoreditch Assessment Committee [1910] 2 KB 859 R. v. Swan Hunter Shipbuilders Ltd [1981] ICR 831 483, 488, Rafidain Bank v. Saipem (unreported, 2 March 1994) Rainford House Ltd (in administrative receivership) v. Cadogan Ltd [2001] BLR 416 547, Rapid Building Group Ltd v. Ealing Family Housing Association [1985] 29 BLR 5 Rayack Construction v. Lampeter Meat [1979] 12 BLR 30 Re a Company (No. 1299 of 2001) (unreported, 15 May 2001) 842, Re Agra Bank, ex parte Tondeur [1867] LR 5 Eq 160 Re Arthur Sanders [1981] 17 BLR 125 Re Atlantic Computers [1992] 1 All ER 476 Re Ayala Holdings [1993] BCLC 256 Re Ayerst v. C&K (Construction) Limited [1976] AC 167 Re Cosslett Contractors [1997] 4 All ER 117 Re DKG Contractors [1990] BCC 903 548, 549, Re Flint [1993] Ch 319 551, Re Harrison, ex parte Jay [1880] 14 Ch D 19 Re Jartay Developments [1982] 22 BLR 134 Re Keen & Keen, ex parte Collins [1902] 1 KB 555 Re Medicaments and Related Classes of Goods (No. 2) [2001] 1 WLR 700 Re Niagara Mechanical Services International [2000] 2 BCLC 425 xxiv

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Re Produce Marketing [1989] 5 BCC 569 Re Right Time Construction [1990] 52 BLR 117 Re Tain Construction [2003] 2 BCLC 374 Re Taylor’s Industrial Flooring [1990] BCC 44 Re Tout and Finch [1954] 1 All ER 127 Re Turner Corporation [1995] 17 ACSR 761 Re United Railways [1960] 1 Ch 52 at 85 Re William Thorpe [1989] 5 BCC 156 Re Yorkshire Woolcombers [1903] 2 Ch 284 Read v. J. Lyons & Co. Ltd [1947] AC 156 Redworth Construction Ltd v. Brookdale Healthcare Ltd [2006] EWHC 1994 Reed v. Van der Vorm 33 BLR 140 [1985] Rees & Kirby v. Swansea City Council [1986] 30 BLR 1 Reeves v. Barlow [1884] 12 QBD 436 Regalian Properties plc v. London Docklands Development Corporation Rentokil Ailsa Environmental Ltd v. Eastend Civil Engineering Ltd (unreported, 31 March 1999) RG Carter Ltd v. Edmund Nuttall Ltd (unreported, 21 June 2000) RG Carter Ltd v. Edmund Nuttall Ltd [2002] BLR 359 Rhodia Chirex Ltd v. Laker Vent Engineering Ltd [2003] 20 Const LJ 155 Rice v. Great Yarmouth Borough Council [2003] TCLR 1 Ritchie Brothers (PWC) Ltd v. David Philp Commercial Ltd [2005] BLR 384 RJT Consulting Engineers Ltd v. DM Engineering (NI) Ltd [2002] BLR 217 830, RMC Roadstone Products Ltd v. Jester [1994] ICR 456 Roberts Petroleum v. Kenny [1983] 2 AC 192 Robertson Group (Construction) Limited v. Amey-Miller (Edingburgh) Joint Venture [2005] CSIH89 Robertson v. French [1803] 4 East 130 Robinson v. Harman [1848] 1 Exch 850, 855 Robinson v. Kilvert [1889] 41 ChD 88 Robophone Facilities Limited v. Blank [1966] 1 WLR 1428 Robophone Facilities Ltd v. Blank [1966] 3 All ER 128 739, Rother Iron v. Canterbury Precision Engineers [1974] QB 1 Rouse v. Bradford Banking [1894] 2 Ch 32 Roxley Electronics and Construction Ltd v. Forsyth [1996] Royal Brompton NHS Trust v. Hammond [2002] 1 WLR 1397 RSL (South West) Ltd v. Stansell (unreported, 16 June 2003) 859, 860, Rupert Morgan Building Services (LLC) Ltd v. David Jervis and Harriett Jervis [2004] BLR 18 Ruttle Plant Hire Ltd v. Secretary of State for the Environment, Food and Rural Affairs [2004] EWHC 2152 Rylands v. Fletcher 598, 599, S & W Process Engineering Ltd v. Cauldron Foods Ltd [2005] EWHC 153 661, Samuel Payne v. John Setchell Ltd [2002] BLR 489 Samuel Thomas Construction v. J&B Developments (unreported, 28 January 2000) Sanjay Lachhani v. Destination Canada (UK) Ltd [1997] 666, Sansom and another v. Metcalfe Hambleton & Co. [1998] 26 EG 154 Scarf v. Jardine [1882] 7 App Cas 345 Schott Kem v. Bentley [1990] 3 All ER 850

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Schuler v. Wickham Machine Tool Sales [1974] AC 235 Scott v. Avery [1856] 5 HLC 811 Scottish & Newcastle plc v. GD Construction (St Albans) Limited [2003] EWCA Civ 16 Scottish Power plc v. Kvaerner Ltd [1998] Scottish Special Housing Association v. Wimpey Construction UK Limited Sedleigh-Denfield v. O’Callaghan [1940] AC 880 Serck Controls Ltd v. Drake & Scull Engineering Ltd [2000] 73 Con LR 100 661, 666, 667, Shawton Engineering Ltd v. DGP International Limited [2005] EWCA Civ 1359 Shepherd Construction Ltd v. Mecright [2000] BLR 489 836, 837, Sherwood & Casson Ltd v. MacKenzie Engineering Ltd (unreported, 30 November 1999) 852, Shimizu Europe Ltd v. Automajor Ltd [2002] BLR 113 857, Shimizu Europe Ltd v. LBJ Fabrications Ltd [2003] BLR 381 Shirayama v. Danovo [2003] EWHC 3006 Simms v. Leigh Rugby Football Club [1969] 2 AER 923 Simons Construction Ltd v. Aardvark Developments Ltd [2004] BLR 117 Sindall Ltd v. Solland and others [2001] 80 Con LR 152 833, Skanska Construction UK Ltd v. ERDC and another [2002] ScotCS 307 Skanska Rasleigh Weatherfoil v. Somerfield Stores Limited Skanska UK Construction Limited v. Egger (Barony) Limited [2005] EWHC 284 SL Timber Systems Ltd v. Carillion Construction Ltd [2001] BLR 516 840, 841, 844, 866, Smith New Court Ltd v. Scrimgcour Vickers [1996] 3 WLR 1051, 1059 (g–h) Smith v. Bridgend County Borough Council [2002] BLR 160 551, Smith v. Martin [1925] 1 KB 745 Solland International v. Daraydan Holdings (unreported, 15 February 2002) South Australia Asset Management v. York Montague Limited [1997] AC 191 Spartan Steel and Alloys Ltd v. Martin & Co. Ltd [1973] QB 27 Specialist Ceiling Services Northern Ltd v. ZVI Construction (UK) Ltd [2004] BLR 403 St Andrew’s Bay Development v. HBG Management and another [2003] CILL 2016 856, St Helen’s Smelting Co. Ltd v. Tipping [1862] 11 HL Cas 642; 11 ER 1483 Staveley Industries plc v. Odebrecht Oil & Gas Services Ltd (unreported, 28 February 2001) Stein v. Blake [1996] AC 243 Stephen Donald Architects Limited v. Christopher King [2003] EWHC 1867 Stiell Ltd v. Riema Controls (unreported, 23 June 2000) 839, Stokes Pension fund v. Western Power Distribution [2005] BLR 497 Storey v. Charles Church Developments Ltd [1996] 12 Const LJ 206 Stovin v. Wise [1996] AC 923 Strathmore Building Services Ltd v. Colin Scott Greig [2000] ScotCS 133 Stubbs Rich Architects v. WH Tolly & Son Co. Ltd (unreported, Bristol County Court, 8 August 2001) Sturges v. Bridgeman [1879] 11 ChD 852 Sumpter v. Hedges (1898) Susan Dunnett v. Railtrack plc [2002] xxvi

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Symington & Co. v. Union Insurance of Canton Limited [1928] 45 TLR 181 T.A. Bickerton & Son Ltd v. North West Metropolitan Regional Hospital Board (1969) Tara Civil Engineering Ltd v. Moorfield Developments Ltd [1989] 46 BLR 74 Tate & Lyle v. Greater London Council [1983] 2 AC 509 Taylor v. Brown [1839] Temloc Ltd v. Errill Properties Ltd [1987] 39 BLR 34 717, Temloc v. Errill Properties Ltd [1987] 39 BLR 30 Tennant Radiant Heat Ltd v. Warrington Development Corporation [1988] 1 EGLR 41 Terrell v. Mabie Todd and Co. [1952] Tesco Stores Ltd v. Costain Construction Ltd [2003] EWHC 1487 164, Tesco v. The Norman Hitchcox Partnership [1997] 56 ConLR 42 Thakrav v. Ciro Citterio Menswear plc [2002] EWHC 1975 877, The Atlas Ceiling & Partition Co. Ltd v. Crowngate Estates (Cheltenham) Ltd [2000] 18 Const LJ 49 The Construction Centre Group Ltd v. The Highland Council [2002] BLR 476 656, The Construction Centre Group Ltd v. The Highland Council [2003] ScotCS 114 The Epaphus [1987] 2 UR 213 The London Borough of Hounslow v. Twickenham Gardens Development [1970] 78 BLR 89 The Mayor and Burgesses of the London Borough of Lambeth v. Floyd Slaski Partnership and Mastrandrea (unreported, 2 November 2001) 838, The Project Consultancy Group v. The Trustees of the Gray Trust [1999] BLR 377 848, The Queen in Rights of Canada v. Walter Cabbott Construction Ltd [1975] 21 BLR 26 The Royal Brompton Hospital NHS Trust v. Watkins Gray International (Dec 2000) The Rugby Group Ltd v. Proforce Recruit Ltd The Tychy (No. 2) [2001] 2 Lloyd’s Rep 403 Thomas-Fredric’s (Construction) Ltd v. Keith Wilson [2004] BLR 23 830, Thompson v. Alexander & Partners [1992] 59 BLR 81 Thompson v. T Lohan (Plant Hire) Ltd [1987] 2 All ER 631 Thompson-Schwab v. Costakis [1956] 1 WLR 325, 335 591, Thorne v. London Corp [1876] 1 Ap. Cas. 120 Tim Butler Contractors Ltd v. Merewood Homes Ltd [2000] 18 Const LJ 74 Tito v. Waddell (No. 2) [1977] Ch 106 Tong Tien See Construction v. Tong [2002] 3 SLR 76 Top Shop Estate Ltd v. Danino [1985] 1 EGLR 9 Total M & E Services Ltd v. ABB Building Technologies Ltd [2003] 87 Con LR 830, 856, Trimis v. Mina [2000] 2TCLR 346 Tripp v. Armitage [1839] 4 M&W 687 Trustees of the Stratfield Saye Estate v. AHL Construction Ltd [2004] EWHC 3286 761, Try Construction Ltd v. Eton Town House Group [2003] BLR 286 Tunnel Refineries v. Brya Donkin [1998] CILL 1392 Turiff Construction Ltd v. Regalia Knitting Mills Ltd [1971] 161, 661,

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204 761 776 598 714 749 740 738 733 579 578 879 825 842 842 456 775 846 849 775 736 167 556 849 605 531 594 663 850 556 548 863 868 661 562

Turner v. Watkins (TCC, 9 November 2001) UCA France v. Fisher Foods [2003] BPIR 299 United Bank of Kuwait Plc v. Prudential Property Services Limited United Co-operatives Ltd v. Sun Alliance & London Assurance Co. Ltd [1987] 1 EGLR 126 Universal Music Operations Ltd v. Flairnote Ltd and others (unreported, 24 August 2000) Verry v. London Borough of Camden (unreported, 20 March 2006) VHE Construction plc v. RBSTB Trust Co. Ltd [2000] BLR 187 840, 842, 843, 851, 865, Victoria Laundry (Windsor) Ltd. v. Newman Industries Ltd [1949] Voscroft (Contractors) Ltd v. Seeboard plc [1996] 78 BLR 132 W Lamb Ltd v. J Jarvis & Sons plc [1998] W&J Leigh v. CBI Nederland, 20 June 1985 Wadsworth v. Lydall [1991] Warner v. Basildon [1990] Constr LJ 46 Wates Construction v. Franthom [1991] 53 BLR 23 Watkin Jones & Son v. Lidl UK GmbH [2002] 85 Con LR 155 Watkin Jones & Son v. Lidl UK GmbH (unreported, Cardiff TCC) Watson Building Services Ltd v. Graham Harrison and Miller (Preservation) Ltd (unreported, 13 March 2001) 849, 850, Wells v. Army and Navy Co-operative Society Ltd [1902] West Faulkner Associates v. The London Borough of Newham [1992] 71 BLR 6 West Wake Price & Co v. Ching [1956] 3 All ER 821 Westminster Building Co. Ltd v. Andrew Beckingham [2004] BLR 265 832, Westminster City Council v. Reema Construction (No. 2) [1990] 24 Con LR 26 Wharf Properties Ltd v. Eric Cumine Associates Wheat v. Lacon [1966] AC 552 Wheeler v. Saunders [1996] Ch. 19 Wheelton v. Hardisty [1857] 8 ExB 232 (Exch Ch) White and Carter (Councils) Ltd v. McGregor [1962] White v. Blackmore [1972] 2 QB 651 White v. Jones [1995] 2 AC 507 Whiteways Contractors (Sussex) Ltd v. Impresa Castelli Construction UK Ltd [2000] 75 Con LR 92 841, William Cory & Son Ltd v. Wingate Investment (London Colney) Ltd [1980] 17 BLR 104 William Verry (Glazing Systems) v. Furlong Homes Ltd [2005] EWHC 138 834, William Verry Ltd v. North West London Communal Mikvah [2004] BLR 308 838, 846, Willment v. North West Thames RHA [1984] 26 BLR 51, 62 Wilsher v. Essex AHA [1988] AC 1074 Wiltshier Construction (South) Limited v. Parkers Developments Limited Wimbledon Construction Co. 2000 v. Derek Vago [2005] BLR 374 Wimpey Construction (UK) Ltd v. Poole [1984] 2 Lloyd’s Rep 499 Woods Hardwick Ltd v. Chiltern Air Conditioning Ltd [2001] BLR 23 841, Woollerton & Wilson Ltd v. Richard Costain Ltd [1970] 1 WLR 411 Workplace Technologies plc v. E Squared Ltd and another (unreported, 16 February 2000) xxviii

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577 563 585 854 827 868 867 739 682 738 558 765 578 570 852 834 866 714 670 648 851 556 763 602 595 204 731 604 579 853 659 835 868 545 582 776 868 215 859 607 850

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Wringe v. Cohen [1940] 1 KB 229 X (minors) v. Bedfordshire County Council [1999] 3 WLR 1252 Yarm Road Ltd v. Costain Ltd (unreported, 30 July 2001, TCC) Yorkshire Water Authority v. Sir Alfred McAlpine and Son (Northern) Ltd [1985] 32 BLR 114

597 601 825

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2007 edition

673

Table of UK statutes and statutory instruments 1774

Life Assurance Act 1774

201

1838

Judgments Act 1838

800

1875

Explosives Act 1875

515

1890

Partnership Act 1890

1906

Marine Insurance Act 1906

204, 355

1907

Limited Partnerships Act 1907

231, 234

1909

Housing, Town Planning etc. Act 1909

1925

Law of Property Act 1925

1930

Third Parties (Rights Against Insurers) Act 1930

823

1935

Law Reform (Married Women and Tortfeasors) Act 1935

343

1943

Law Reform (Frustrated Contracts) Act 1943

463

1945

Law Reform (Contributory Negligence) Act 1945

1950

Arbitration Act 1950

1957

Occupiers Liability Act 1957

1958

Work in Compressed Air Special Regulations 1958

1961

Factories Act 1961

1963

Office Shops and Railway Premises Act 1963

476

1967

Social Security (Claims and Payments) Regulations 1967

497

1969

Employer’s Liability (Defective Equipment) Act 1969

526

1969

Employers Liability (Compulsory Insurance) Act 1969

1970

Equal Pay Act 1970

1971

Fire Precautions Act 1971

www.constructionlawhandbook.com

231, 233, 263, 266

5 347, 539

588, 604 807 601, 602, 603 502 476, 531

476, 497 380 479, 525

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1972

Defective Premises Act 1972 Fire Certificates (Special Premises) Regulations 1972 Local Government Act 1972

1974

Control of Pollution Act 1974 Health and Safety at Work etc. Act 1974

1975

Sex Discrimination Act 1975

1976

Fire Certificates (Special Premises) Regulations 1976 Race Relations Act 1976

1977

Unfair Contract Terms Act 1977

577, 605 525 19, 51

489, 613, 619, 620, 623, 629 108, 371, 469, 629 380, 390, 401 525, 526 380, 390

307, 342, 345, 359, 460, 461, 530, 588, 604, 870 305

Unfair Contract Terms Act 1977 1978

Civil Liability (Contribution) Act 1978

304, 343, 344, 532, 781

1979

Ancient Monuments and Archaeological Areas Act 1979 Sale of Goods Act 1979

1980

Limitation Act 1980

1981

Health and Safety (First Aid) Regulations 1981 Supreme Court Act 1981 867, Town and Country Planning (Minerals) Act 1981 Transfer of Undertakings (Protection of Employment) Regulations 1981 371, 380, 391, 401, Wildlife and Countryside Act 1981

25 562 348, 589, 900 497 895 8 558 632

1982

Civil Jurisdiction and Judgments Act 1982 Supply of Goods and Services Act 1982

1983

Asbestos (Licensing) Regulations 1983

514, 632

1984

Commercial Arbitration Act 1984 County Courts Act 1984 Occupiers Liability Acts 1984 Police and Criminal Evidence Act 1984

886 800 601 473

1985

Business Names Act 1985 Companies Act 1985

1986

Company Directors Disqualification Act 1986 543 Disqualification Act 1986 548 Insolvency Act 1986 41, 535, 536, 539, 541, 544, 548, 552, 569, 848 Insolvency Rules 1986 543, 545, 547 Latent Damage Act 1986 589 Sex Discrimination Act 1986 390

1987

Consumer Protection Act 1987 Control of Asbestos at Work Regulations 1987

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797 350, 460, 582, 669, 713

227, 237 236, 242, 247, 250, 319, 538, 542, 544, 548, 550, 551, 563, 566, 827 Construction Plant and Equipment (Harmonization of Noise Emissions Standards) Regulations 1985 631 Ionising Radiations Regulations 1985 472

2007 edition

526 513, 632

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1988

Copyright, Designs and Patents Act 1988 Environment and Safety Information Act 1988 Income and Corporation Taxes Act 1988 Quarries (Explosives) Regulations 1988

325, 416 475 229 516

1989

Construction (Head Protection) Regulations 1989 Electricity at Work Regulations 1989 Health and Safety Information for Employees Regulations 1989 Noise at Work Regulations 1989 508, 527, Pressure Systems and Transportable Gas Containers Regulations 1989 Trade Effluents (Prescribed Processes and Substances) Regulations 1989 Water Act 1989

508 507 492 629 510 621 613

1990

Capital Allowances Act 1990 Computer Misuse Act 1990 Control of Asbestos in Air Regulations 1990 Environmental Protection Act 1990

1991

Construction Products Regulations 1991 521 Control of Explosives Regulations 1991 515 Environmental Protection (Prescribed Processes and Substances) Regulations 1991 628 Packaging of Explosives for Carriage Regulations 1991 515 Planning and Compensation Act 1991 8 Water Industry Act 1991 593, 613 Water Resources Act 1991 619, 620, 623

1992

Access to Neighbouring Land Act 1992 Asbestos (Prohibitions) Regulations 1992 513, Controlled Waste Regulations 1992 EMC Regulations 1992 Environmental Information Regulations 1992 Health and Safety (Display Screen Equipment) Regulations 1992 431, Management of Health and Safety at Work Regulations 1992 Manual Handling Operations Regulations 1992 Personal Protective Equipment at Work Regulations 1992 Social Security Contributions and Benefits Act 1992 Supply of Machinery (Safety) Regulations 1992 Trade Union and Labour Relations (Consolidation) Act 1992 Workplace (Health, Safety and Welfare) Regulations 1992

1993

227 439 632 591, 613, 614, 616, 618, 621, 623, 626, 629 Planning (Listed Building and Conservation Areas) Regulations 1990 27 Planning (Listed Buildings and Conservation Areas) Act 1990 25 Town and Country Planning (Listed Buildings and Conservation Areas) Act 1990 28 Town and Country Planning Act 1990 5

Clean Air Act 1993 Public Services Contracts Regulations 1993

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607 515, 631 614 520 635, 636 491, 524 484 491, 511 491, 507 372 519 380, 391 523 627 54, 150 xxxiii

1994

Construction (Design and Management) Regulations 1994 107, 181, 308, 338, 471, 472, 486, 491, 494, 498, 503 Electrical Equipment (Safety) Regulations 1994 522 Supply of Machinery (Safety) (Amendment) Regulations 1994 519 Unfair Terms in Consumer Contracts Regulations 1994 305 Value Added Tax Act 1994 244 Waste Management Licensing Regulations 1994 616

1995

Civil Evidence Act 1995 Disability Discrimination Act 1995 Environment Act 1995 Public Supply Contracts Regulations 1995 Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995

812 380, 390 621 54 495

1996

Arbitration Act 1996

1997

Confined Spaces Regulations 1997 Diving at Work Regulations 1997 Fire Precautions (Workplace) Regulations 1997 Hedgerows Regulations 1997 Lifts Regulations 1997 Protection from Harassment Act 1997

1998

Civil Procedure Rules 1998 873 Competition Act 1998 170, 267 Control of Lead at Work Regulations 1998 512 Data Protection Act 1998 431, 435, 437 Electricity Supply Regulations 1998 507 Employers Liability (Compulsory Insurance) Regulations 1998 497 Groundwater Regulations 1998 620 Health and Safety (Enforcing Authority) Regulations 1998 471 Human Rights Act 1998 435, 597, 870 Late Payment of Commercial Debts (Interest) Act 1998 314, 460

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765, 807, 808, 817, 818, 844, 854, 859, 869, 874, 875, 879, 886, 896 Carriage of Dangerous Goods (Driver Training) Regulations 1996 515 Construction (Health, Safety and Welfare) Regulations 1996 500, 502, 504, 515, 526, 527 Employment Rights Act 1996 370, 377, 378, 380, 386 Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 1996 520 Finance Act 1996 617 Health and Safety (Consultation with Employees) Regulations 1996 493 Housing Grants, Construction and Regeneration Act 1996 40, 118, 153, 168, 175, 188, 189, 301, 322, 330, 349, 356, 459, 546, 553, 653, 655, 658, 756, 757, 813, 823, 887, 888 Landfill Tax Regulations 1996 617 Law Reform (Year and a Day Rule) Act 1996 481 Special Waste Regulations 1996 615 Utilities Contracts Regulations 1996 54, 170 Work in Compressed Air Regulations 1996 502

2007 edition

502 505 525 30 521 592

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1998

Lifting Operations and Lifting Equipment Regulations 1998 National Minimum Wage Act 1998 Provision and Use of Work Equipment Regulations 1998 Public Interest Disclosure Act 1998 Scheme for Construction Contracts (England and Wales) Regulations 1998 Working Time Regulations 1998 371,

1999

Anti-Pollution Works Regulations 1999 Contracts (Rights of Third Parties) Act 1999

2000

Conditional Fee Agreements Regulations 2000 Contaminated Land (England) Regulations 2000 Electronic Communications Act 2000 Freedom of Information Act 2000 Insolvency Act 2000 Lawful Business Practice Regulations 2000 Limited Liability Partnerships Act 2000 Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 Pressure Systems Safety Regulations 2000 Regulation of Investigatory Powers Act 2000 Town & Country Planning (Appeals) (Written Representations Procedure) (England) Rules 2000 Town & Country Planning (Inquiries Procedures) (England) Rules 2000 Town & Country Planning (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000 Town and Country Planning (Hearings Procedure) (England) Rules 2000

2001

506, 521 371, 373, 380 505 371, 373, 380 311, 322, 845 373, 380, 494

620 114, 216, 299, 300, 330, 336, 352 Control of Substances Hazardous to Health Regulations 1999 511 Employment Relations Act 1999 399 Environmental Impact Assessment (England and Wales) Regulations 1999 23 Environmental Impact Assessment (Scotland) Regulations 1999 633 Fire Precautions (Workplace) Regulations 1999 525 Ionising Radiations Regulations 1999 515 Local Government Act 1999 49, 51 Management of Health and Safety at Work Regulations 1999 479, 486, 491, 498, 517, 519, 527 Management of Health and Safety Regulations 1999 509, 512, 513 National Minimum Wage Regulations 1999 371, 373 Quarries Regulations 1999 516 Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 19, 633 Unfair Contract Terms in Consumer Contracts Regulations 1999 342, 345 Unfair Terms in Consumer Contracts Regulations 1999 831

Limited Liability Partnerships Regulations 2001

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787, 621, 441, 63,

801 623 442 170 542 435 231, 234 371, 380 510 435 18 19 19 18 231, 233, 234 xxxv

2002

Adjudication Rules 2002 Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 Control of Asbestos at Work Regulations 2002 491, Control of Lead at Work Regulations 2002 Control of Substances Hazardous to Health Regulations 2002 Dangerous Substances and Explosive Atmospheres Regulations 2002 Employment Act 2002 Enterprise Act 2002 170, 267, 536, 537, 539, Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 Health and Safety (Miscellaneous Amendments) Regulations 2002 Pressure Systems Safety Regulations 2002 Town and Country Planning (Enforcement Notices and Appeals) Regulations 2002 Town and Country Planning (Major Infrastructure Project Inquiries Procedure) (England) Rules 2002

323 512 513, 514 491, 512 511 517 388 543, 546 372, 380 511 511 22 19

2003

Communications Act 2003 Employment Equality (Religion or Belief) Regulations 2003 Employment Equality (Sexual Orientation) Regulations 2003 Local Government Act 2003 PAYE and NIC – Income Tax (Earnings and Pensions) Act 2003 Working Time (Amendment) Regulations 2003

2004

Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004 511 Civil Partnership Act 2004 401 Employment Relations Act 2004 400 Environmental Assessment of Plans and Programmes Regulations 2004 23 Information and Consultation of Employees Regulations 2004 391, 398, 403 National Minimum Wage (Amendment) Regulations 2004 401 Pensions Act 2004 404 Planning and Compulsory Purchase Act 2004 5, 6, 12

2005

Control of Noise at Work Regulations 2005 Control of Vibration at Work Regulations 2005 Freedom of Information Act 2005 Income Tax (Trading and Other Income) Act 2005 Insolvency (Amendment) Rules 2005 Manufacture and Storage of Explosives Regulations 2005 Transfer of Employment (Pension Protection) Regulations 2005 Work at Height Regulations 2005

2006

Public Contracts Regulations 2006 Utilities Contracts Regulations 2006

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424 380, 390 380, 390 11 372 403

491, 508 491, 518 434 227 546 515 404 500 54, 55, 57, 63 54, 63, 64

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Table of European legislation

1976

Council Directive 76/769/EEC Equal Treatment Directive (76/207)

1977

Acquired Rights Directive

1979

Wild Birds Directive (79/409/EEC)

633

1983

Council Directive 83/477 Council Directive 83/478

513 513

1984

Directive 84/532/EEC

631

1985

Directive 85/337/EEC

633

1989

Construction Products Directive Directive 89/391/EEC Directive 89/665

1990

Council Directive 90/394/EEC

1992

Directive 92/13 Directive 92/50/EEC Habitats Directive 92/43/EEC Temporary or Mobile Construction Sites Directive 92/57/EEC

1993

Directive 93/36/EEC Directive 93/37/EEC Directive 93/38/EEC Low Voltage Directive

54 54 54 522

1995

Lifts Directive 95/16/EC

521

1997

Directive 97/11/EC Directive 97/39/EC

633 633

1998

Council Directive 98/24/EC Machinery Directive Working Time Directive

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513 404 391, 392, 393, 401

471 525 54, 63 513 54 54 633 498, 500

512, 513, 517 471, 519 395, 397, 494 2007 edition

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1999

Council Directive 99/92/EC Posted Workers Directive

517 381, 382

2000

Electronic Commerce Directive Electronic Signatures Directive European Framework Directive 2000/78/EC

440, 442 441 401

2001

Directive 2001/45/EC

516

2002

Directive 2002/44/EC Directive 2002/73 Road Transport Directive

518 404 403

2003

Directive 2003/10/EC

508

2004

Directive 2004/17/EC Directive 2004/18/EC

54 50, 54, 59

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Biographies of contributors

Section editors

Ann Minogue Ann Minogue is a Partner and head of Linklater’s real estate construction and engineering team; having originally been a Partner in McKenna & Co from June 1985. She read law at Clare College, Cambridge and qualified as a solicitor in 1980. She specialises in non-contentious construction work and has drafted amendments to various of the standard forms as well as drafting new forms of contract to cater for more diverse procurement methods. In particular, she drafted the British Property Federation’s standard forms, the new edition of DOM/1 and the new GC/Works/ Sub-Contract. She was involved in drafting the construction documentation for the major 1980s projects – Canary Wharf, Broadgate, Ludgate and the Channel Tunnel Project – and has since been involved in some of today’s bigger projects – the Royal Opera House, Tate Modern, the Hungerford Bridges Project, Stockley Park, the British Museum Great Court Project. In the Central London office market, she has also been involved in the construction documentation (including the construction aspects of development agreements and agreements for lease) on the recent developments at Garrard House, Gresham Street, 59 Gresham Street, the Paternoster re-development, 33 Holborn (the old Mirror building) and Atlantic House, Holborn. She also sits on the BPF Construction Committee and advises the BPF on construction matters as well as representing the Construction Client’s Forum on the JCT Drafting Sub-Committee. She is a contributor on construction matters to Freeman’s Guide to the Property Industry and the Architects Legal Handbook. She had a monthly column in Building Magazine on construction law issues. Jenny Baster Jenny Baster qualified as a solicitor in 1978. Having worked first at a law centre and subsequently in a City practice, in 1985 she joined Ove Arup Partnership, a leading international firm of consulting engineers, where she is Legal Director. She has extensive practical experience advising on the legal aspects of the firm’s day to day operations, with a particular involvement in contractual and insurance matters. She has experience of litigation, arbitration and other forms of dispute resolution in the UK and www.constructionlawhandbook.com

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internationally. Jenny’s role extends to in-house training on a variety of commercial and legal issues and she has, in addition, contributed to external training courses. She has worked closely with the construction industry professional institutions and has participated in a number of professional review bodies including committees of the Association of Consulting Engineers and the Construction Industry Council. Jenny’s experience has centred on the practical application of the law to engineers in a commercial environment. Sir Vivian Ramsey QC Sir Vivian Ramsey studied Engineering Science and Economics at Oxford University before working as a civil engineer in the UK and overseas. During this time he became a Chartered Engineer and a Member of the Institution of Civil Engineers. After studying law in London he was called to the Bar in 1979 and was a practising barrister from 1981 to 2005. He became a Queen’s Counsel in 1992 and from 2003 to 2005 he was Head of Keating Chambers, the largest London set of barristers’ Chambers specialising in Building, Technology, IT and associated commercial Disputes. He practised around the world as an advocate, arbitrator, adjudicator and mediator in technical disputes, particularly related to construction and engineering projects. He acted for governments, public authorities, utilities, international contracting companies, consultancies, architects, engineers and other construction professionals. He continues to act as a Special Professor in the Department of Civil Engineering at the University of Nottingham and lectures at King’s College, London. In November 2005 he was appointed as a High Court Judge in the Queen’s Bench Division where for a substantial part of his time he sits in the Technology and Construction Court. He received a knighthood on his appointment. Michael O’Reilly Mike O’Reilly is a chartered engineer, having worked on a number of prestigious projects with Arup including geotechnical designs for the Canary Wharf project. On passing his Bar Finals, he trained at Keating and Atkin Chambers before returning to academia, where he taught at the Universities of Nottingham and Sheffield and was then appointed Head of Civil Engineering at Kingston University. In 2000 he returned to independent practice at the Bar and appeared in a number of high profile cases reported in the Building Law Reports, the Competition Appeal Reports and the European Law Reports. In January 2006, he transferred to the Solicitor’s branch of the profession in order to establish Adie O’Reilly LLP, a specialist property and construction law firm based in Lincoln, but with a national and international client list.

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Authors

Mark O’Neill Mark O’Neill qualified as a New Zealand barrister and solicitor in 1985. He joined Allen & Overy in 1991 and became a partner in the banking department in 1995. Mark has a broad banking practice but specializes in property financing – both investment and construction. He heads the Property Finance Group at Allen & Overy and acts for a number of leading property finance banks and property investors. He has been involved in numerous construction financings over recent years, employing various construction contract models. John Scriven John Scriven became a partner at Allen & Overy in 1988. He specializes in advising on major projects world-wide including water, power, road, telecommunications and other infrastructure projects, advising sponsors, project companies, lenders and contractors. John has also advised sponsors, project companies, lenders and investors on UK Private Finance Initiative (PFI/PPP) schemes for hospitals and healthcare, water treatment, light rail and prison construction and operation. He has a particular interest in construction law and related issues, and heads the Construction Law Group which is an integral part of the Allen & Overy Projects Group. In addition, John has advised in a number of property development transactions acting for employers, investors, lenders and tenants. He is editor and co-author of A contractual guide to major construction projects (1999), and contributor to Future directions in construction law (1992) and Risk management and procurement (1995). David Marks David Marks is a partner in CMS Cameron McKenna where he specializes in EC and competition law. A growing aspect of his practice is advice on both contentious and non-contentious aspects of the EC and WTO procurement regimes. He has worked on major PFI/PPP schemes both in the UK and in continental Europe. He has also been involved with many of the main Lottery funded cultural projects. David is a frequent speaker on procurement law issues. He has practised in Brussels where he ran his firm’s office. He has also studied law in France and Germany. www.constructionlawhandbook.com

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Adrian Smith Adrian Smith is a Chartered Quantity Surveyor with over 30 years’ experience in private practice, the public service and as a university academic, including six and a half years working in Hong Kong. He is presently employed as a Tutor in Project Management at the College of Estate Management in Reading, and also as an Associate by James R. Knowles Procurement and Partnering Services. In addition to best practice in construction procurement, his specialist skills include disputes avoidance, privately financed infrastructure, information technology in construction, and construction education. His publications in these areas presently include four full length books and a substantial number of internationally refereed journal articles and conference papers. Tracy London Tracy is a specialist non-contentious construction lawyer and has been in Herbert Smith’s Construction and Engineering group since 1999. Prior to that time she worked as a lawyer in Australia. She has more than ten years’ experience as a noncontentious construction lawyer in various sectors, both national and international, including the energy and resources sector. Her role is focused on the preparation and negotiation of construction related documentation, procured both traditionally and under project finance structures, including PFI. Nicholas Downing Nicholas Downing is a specialist non-contentious construction lawyer and has been a partner in Herbert Smith’s Construction and Engineering Department since 1997. His role is focused on the preparation and negotiation of construction-related documentation for a wide range of projects, whether procured traditionally or under project finance structures. He is particularly interested in innovative procurement methods. Herbert Smith has one of the leading construction and engineering law practices among UK law firms. The firm is also regarded in independent reviews for the legal profession as the leader in the PFI market and has acted on many of the largest or most complex PPP transactions to date. In 1999, Herbert Smith was named as Law Firm of the Year by Chambers. The depth of Nicholas’ experience is illustrated by some of the leading transactions with which he has been involved. For traditionally procured projects, he has advised on Disneyland Paris, the construction of designer outlet villages across the UK and mainland Europe for BAA-McArthur/Glen, numerous new headquarters buildings for leading City institutions and major leisure, office and retail developments for some of the UK’s largest developers, such as Land Securities and Hammerson. In the PPP context, Nicholas advises projects sponsors, project companies and financiers. Some of the leading deals on which he has worked include GCHQ (one of the largest and most sophisticated facilities to be built under the PFI), Kings’ College London, Health and Safety Laboratories and Queen Elizabeth Hospital at Greenwich (which has won an award for best degree of risk transfer). Nicholas speaks regularly at seminars on construction law. David Hudson During a career spanning over 25 years, David Hudson has gained extensive experience in project management, quantity surveying and construction/property consultancy covering a wide range of projects in both the public and private sectors. David has xliv

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been involved in projects in both the UK and overseas, with values ranging from £1 million up to £400 million. David joined Tropus (formerly McBains Ltd) in 1978, and is now Chairman with overall responsibility for financial performance. Additionally, as Chief Executive of McBains Investment Management Limited (MIM), which was set up in 1995 to lead consortia and raise finance for PFI projects. David is responsible for running all PFI activities and has won four projects as Preferred Bidder and five more as Reserve Preferred Bidder. As well as leading consortia, David is directly responsible for financial modelling and for negotiating the contract structures. Currently, David is a board member of Broomleigh Housing Association, one of the UK’s largest Housing Associations and an active member of the British Property Federation. Kirstin Warley Kirstin Warley is a professional support lawyer in the Construction group at Linklaters. She advises and trains lawyers on all aspects of construction law, participates in government and industry body consultations, drafts precedent construction documentation and produces regular updates on recent legal and industry developments. Prior to becoming a professional support lawyer, Kirstin worked as a client-facing solicitor in London (specialising in international construction arbitration) and in Australia where she prepared and negotiated documentation for construction, infrastructure, defence and telecommunications projects. She is admitted as a solicitor in England and Wales and in New South Wales, Australia. William Gloyn Bill Gloyn is the Chairman of Aon Risk Services, Commercial Property Group which he set up in 1983. He heads up the Real Estate Practice Group which has representatives from all Aon European territories. He rejoined the company in 1992 after three years as Vice President–Insurance of Olympia & York where he controlled their London-based insurance programme. He remains a consultant to Canary Wharf Group plc. He advises the British Property Federation on insurance matters and has been appointed as BPF Construction Clients Forum representative on the Construction Industry Board Liability & Latent Defects Insurance Working Group set up to consider the way forward following publication of the Latham Report on the future of the construction industry. FIABCI elected him to membership in 1987 and in June 1999 he was installed as VicePresident of the European Committee. In addition to being a member of the City of London Law Society Construction Industry Working Party, Bill is an external tutor for the Masters Degree in Construction Law at Kings College, University of London. He is a regular speaker at conferences and a contributor to the property and legal press. He is joint author of A Guide to Commercial Property and Construction Insurance and A Handbook of Property Management and a contributor to the Freeman’s Guide to the Property Industry. Marshall Levine Marshall Levine studied law at University College, London, obtained a further degree in Estate Management and his Masters in Construction Management at Reading University. www.constructionlawhandbook.com

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Marshall qualified as a solicitor in 1982 and has been a partner of Linklaters (part of the Linklaters & Alliance group) since 1989 and is currently Head of the Construction and Engineering Group. He has been involved in a wide range of property and construction matters, including dispute resolution and advice in relation to many major joint ventures, construction projects and construction financings. He is involved in PFI projects in the UK and in Europe in the health, waste water infrastructure and property sectors advising consortia, lender and government bodies of PFI structuring, and PFI/PPP projects generally. He is particularly involved in exporting PFI to Europe including Cyprus, Russia and Germany. He is author of Construction and Engineering Precedents, Construction and UK Insurance Law, and Construction and Environmental Law. Ray Robinson Ray Robinson, a Fellow of the Chartered Insurance Institute and a registered Insurance Broker, is the Technical Consultant for the Commercial Property Group of Aon Limited and the editor of Aon’s regular newsletter Property Eye. Before joining Aon, Ray spent nearly 40 years in the insurance industry, most of it with Royal & Sun Alliance. For a number of years he was the Underwriting Manager for the prestigious Sun Alliance property owners account in the West End. He also managed their Building Defects account during the same period. Ray has written numerous articles and papers on a wide range of topics in the property and legal press and is a regular speaker at seminars and conferences on insurance subjects of interest to the property world. He is the author of a number of underwriting and training manuals and has contributed to several externally published works including the Handbook of Property Management and the Construction Law Handbook. He has represented both the Association of British Insurers and the British Property Federation in discussions on the future of latent defects insurance and was instrumental in setting up the discussions between those two bodies that led to the development of the latest products. Richard Linsell Richard Linsell is head of the Professional Practices Group at Addleshaw Goddard LLP and is the current Chairman of the Association of Partnership Practioners. Richard is probably the solicitor most associated with the UK LLP movement. He qualified as a solicitor in 1972 with Mayer, Brown, Rowe & Maw and became a partner in 1976. In the last ten years he has gradually developed what is now undoubtedly one of the most prestigious professional practices in the UK. Rowe & Maw have traditionally acted for professional firms in the building services sector. However, in those ten years Richard has added major firms in the accountancy, actuarial, patent and trade mark and even legal sectors to the client portfolio. The Professions Group at Rowe & Maw is a multi-disciplinary grouping, led by Richard Linsell, dedicated to understanding and fulfilling the legal services needs of the regulated professions. Caroline Abrey Caroline Abrey is a partner in the corporate/commercial department of Shadbolt & Co. Solicitors. Caroline has a wide range of commercial experience including corporate finance, company acquisitions and disposals and trading relationship agreements including domestic and international joint ventures. xlvi

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Caroline Cree Caroline Cree is a Chartered Civil Engineer with some twenty years’ experience of working in the construction industry, first as a consulting engineer and then as a contractor and management consultant. Caroline is currently responsible for risk management within Carillion plc. This encompasses all aspects of the construction to services spectrum. Working under conventional and innovative contractual arrangements, including traditional construction and building projects, project finance and the range of facilities management services. These projects include large-scale joint ventures and partnering arrangements in Europe and overseas. Christopher Morgan Chris is an International Tax Partner in the KPMG London office. He qualified as a solicitor in 1991 in the tax department of a large city law firm. He joined KPMG in Milan in 1993 where he worked for a year, advising mainly US and UK clients on investing into Italy, and mergers and acquisitions. He returned to London in 1994 and became a partner in the International Tax Group in 1998. Chris specializes in advising on cross-border transactions including reorganisations, mergers and acquisitions, joint ventures and business structuring. He also provides advice on specialized areas of UK international law such as the controlled foreign company legislation, double tax relief, and thin capitalization issues. Chris is also a member of a multi-disciplinary team focusing on ways of exploiting intellectual property. Chris’s clients are multi-nationals in a wide range of industries including pharmaceuticals, shipping, manufacturing and professional services. During the past year, Chris has been heavily involved in discussing the implementation of a tonnage tax for shipping with the Chamber of Shipping and the Inland Revenue. He has also played a leading role in establishing a new law firm, Klegal, which is associated with KPMG. Steve Priddy Steve is Finance Director of the Building Engineering division of Ove Arup Partnership Limited. He joined Arup in 1986. In 1997 he was awarded a doctorate in Social Sciences from the University of London. He is Vice Chair of the Corporate Sector Network at the Association of Chartered Certified Accountants (ACCA). He has written several articles in the Corporate Sector Newsletter of the ACCA on topics such as benchmarking, key performance indicators, and the challenges posed to accountants by the ‘new technology’ ventures. He has considerable experience of working in the Middle East, Turkey and, latterly, mainland Europe. He has been integrally involved in setting up of offices in Germany, Spain and Turkey and other major Eurozone locations. Additionally, he has been involved with offshore working arrangements in many countries. He aspires to be a good European. With Arup he has developed financial training for non financial people and is integrally involved in the firm’s commercial management programme. He believes strongly in simplification and the importance of situating accounting in the context of the business organization and wider society. Rachel Barnes Rachel Barnes obtained a law degree from Bristol University in 1972. She joined Beale and Company in June 1973, qualified as a solicitor in 1975 and became a partner in the firm in 1977. www.constructionlawhandbook.com

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From 1975 to 1985 she was concerned mainly with construction litigation. For the most part, this involved defending consulting engineers in High Court cases and arbitrations in the UK, but she also handled some international claims. From 1985, she has worked predominantly on the non-contentious side of the firm’s practice, giving advice to construction professionals and developers on conditions of engagement and collateral warranties for all types of projects, both in the UK and overseas. She has also advised on tenders, architectural competitions, joint ventures for developers and on standard client form agreements. She also advises consulting engineers and contractors on building contracts. Rachel also lectures and topics have included the CDM Regulations, the Construction Act payment provisions and the Contracts (Rights of Third Parties) Act. She assisted the Association of Consulting Engineers in drafting the ACE Conditions of Engagement 1995 and the 2nd Edition. Since February 1997, she has been a regular contributor to Building magazine, writing on matters that particularly concern consultants. She has written a book, Professional Services Agreements with Les Edwards of Mouchel Consulting concerning the risk management of professional services contracts for consultants. Clive Marsden Clive Marsden is contracts director for Haskoning UK Ltd., the operating company in the United Kingdom of Royal Haskoning – a 3,000-strong international engineering and environmental science consultancy with its group head office in Holland. Clive graduated from the University of London in 1968 with an honours degree in civil engineering. In the early part of his career he worked for both consulting engineers and contractors before settling with his current employer with whom he has been for nearly thirty years, though his employer’s name has changed variously from Posford Pavry and Partners, through Posford Duvivier and Posford Haskoning to its present name. Clive has experience in many aspects of civil engineering, both in the United Kingdom and internationally, and has been involved in the design and construction of large infrastructure projects such as power stations, ports, roads and bridges, prisons and underground railways. He has lived for several years in the Middle East and North Africa. Clive is a Fellow of the Institution of Civil Engineers and also possesses a Diploma in Accounting and Finance. He has training in construction contract law from Nottingham Trent University. In recent years he has become active in the Association for Consultancy and Engineering (ACE) and currently chairs ACE’s legal and liability committee. Clive has also contributed to a Construction Industry Council contract working group and has a place on that organisation’s liability panel. Much of Clive’s work for Haskoning UK Ltd. involves striking a balance between commercial opportunity and contractual risks, a balance which he hopes he has brought to his contribution to this handbook. Patrick Holmes Patrick Holmes is a solicitor. He is a partner in Macfarlanes specializing in noncontentious construction work and property development. His construction experience encompasses a wide range of drafting and advisory practice areas including project documentation, building contracts, professional appointments and collateral warranties. Acting for a range of developers, funds, contractors, consultants and end users provides a broad perspective and understanding of their different concerns and requirements and how these can be reconciled to meet the needs of each particular project. He is xlviii

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also a regular speaker at conferences and contributes to the legal and construction press. Recent speaking engagements include papers on design liability and the impact on the construction industry of the Contracts (Rights of Third Parties) Act 1999. Ewan MacGregor Ewan MacGregor is Director of Legal and Risk Management at Griffiths & Armour Professional Risks and previously Director of Risk Management and Legal Affairs at Oscar Faber Group Ltd, an international firm of consultants to the property, transportation and construction industries. He has responsibility for negotiating appointments and for dispute resolution through mediation, adjudication and arbitration. He has established a bespoke risk management strategy covering all aspects of the company’s appointments. He has previously managed the Facilities, Health & Safety and Environmental groups within the company. He has a first class honours degree in Environmental Engineering and has an MSc in Construction Law and Arbitration from King’s College, London. He is a Fellow of the Chartered Institute of Arbitrators. Ewan has a background in Acoustics and Hazard & Operability studies as well as being a Chartered Engineer and an IEMA Registered Environmental Auditor. He has acted as an expert in various disputes relating to property development and construction. He currently sits on the Association of Consulting Engineers’ Client Focus and Legal & Liability Committees. Stephen Bamforth Stephen Bamforth joined Griffiths & Armour in 1986 after graduating from Churchill College Cambridge and was made a partner in the firm in July 1994. He specializes in advising ACE member firms on their professional indemnity insurance requirements and is engaged in research into alternative insurance arrangements such as Latent Defects and Environmental Impairment. He also advises FIDIC on contractual matters and sits on the Risk Management and Clients/Consultants Relations Committees. John Moore John Moore is a Director of Wren Managers Limited, handling professional indemnity claims against architects and engineers. He has twenty five years’ experience in this area, entering into it when the flood gates opened in 1976 following the decision in Anns v. Merton LB. John has been involved in a number of the cases which have assisted in establishing the reference and datum points in construction and professional insurance law including, Thorman and New Hampshire; Pacific Associates and Baxter; Crown Estates and Mowlem and Strathford and HLM. He is a regular writer for construction and insurance journals as well as being a speaker at conferences and seminars, both commercial and within Lloyds as part of its industry training programme. John has also spoken on handling insurance claims at solicitors, insurers and reinsurers. In addition to contributing to Construction Law Handbook, John is currently involved in the editing of the Insurance Institute of London Advanced Study Group Book on Professional Negligence, having produced the Architects and Engineers and Claims www.constructionlawhandbook.com

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chapters and is chairing the Insurance Institute of London Advanced Study Group entitled ‘The Handling of Professional Negligence Claims’. Although his work is principally UK based, claims have taken him throughout Europe, South America and the Middle East. Jonathan Exten-Wright Jonathan Exten-Wright is a partner in the international law firm DLA Piper. He specialises in employment law, regularly writing and lecturing on the subject. He has particular interest in ‘whistle blowing’, discrimination, employee relations and organisational change. He has particular experience in sales of businesses, and the contracting-out/ outsourcing field, advising outsourcers and contractors in both the public and private sector, dealing with PFI issues, trade union recognition and negotiations, works councils, collective consultation, redundancy programmes and contract variation. He has lectured on all these topics. He is a regular seminar speaker and author of a number of articles on the impact of the Transfer of Undertaking Regulations, and M&A employment issues. He is also author of FT Management Briefing ‘Assessing the Organisational Impact of Employment Law Change’. He was a member of the TUPE Forum in dialogue with the Government on reforming business transfer legislation. He also participates in the work of the Disability Partnership. Derek Blundell Derek Blundell is an independent IT consultant specializing in the specification, selection and implementation of IT systems. Derek has experience in construction management starting his career as a planning engineer before becoming a Contract Manager, Regional Director and Director responsible for Design and Build with Trafalgar House (now Skanska). While at Trafalgar House he became responsible for the implementation of 12 IT systems in 13 Companies. In 1997 he set up his own business providing IT services to a number of companies and was manager of Construct IT (based at Salford University) where he took part in and became the co-author of many IT reports produced by the organization. In 2000 Derek became Director responsible for IT and Quality Management Systems with Ballast PLC (one of his former clients) and since their demise in 2003 has returned to the role of independent IT consultant. Clive Seddon Clive Seddon is a partner in Pinsent Masons’ Outsourcing, Technology and Commercial Group. He joined Pinsent Masons in 1987 and has been a partner since 1993. Although Clive’s practice has focused on IT and telecoms disputes in both the public and private sector, he has more recently concentrated on strategic advice in relation to major IT and telecoms projects, often involving a renegotiation of the agreement and realignment of the relationship. Clive was a board member of Construct IT from its early days (based at Salford University) and has been involved in IT work for construction businesses for the past 10 years. This led to his work with Loughborough University for EU projects, e-legal which considered a legal framework for project collaboration applications and Legal-IST, l

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which gives guidance on legal issues arising from SME Clusters. Clive is an accredited CEDR mediator. Martin Bowdery QC Martin Bowdery studied philosophy, politics and economics at Pembroke College, Oxford, graduating in 1978. He was called to the Bar, Inner Temple, in 1980, and was appointed Queen’s Counsel in 2000. Since 1982 Martin has been in full-time practice as a barrister specializing in the law relating to building and engineering disputes. He has been involved in advisory work, litigation, adjudication and making numerous appearances in the International Arbitration’s High Court, the Court of Appeal and the Privy Council. Martin has a special interest in IT related disputes and has drafted Software Contracts and been instructed and advised in respect of IT disputes ranging from £2 million to £240 million. Martin was editor of International Construction Law Review from 1983–1987 and is a contributor to Contributor Issues in Construction Law volume III: Construction Contract Reform. Guy Cottam Guy Cottam was formerly a director of an international civil engineering contractor before setting up his own practice specializing in dispute resolution. He is an active arbitrator, adjudicator, conciliator and mediator, having been appointed in over 200 references. He has been actively involved with the HGC&R Act since its inception as Founder Chairman of the Institution of Civil Engineers’ Conciliation and Adjudication Advisory Panel and a member of the Construction Industry Council’s Adjudication Task Force. He established, in 1994, prior to the publication of the Latham Report, the first training courses for adjudicator’s under the NEC Contracts. He has been actively involved with adjudicator training for the ICE, CIArb, CIOB and TeCSA. He is currently chairman of the Institution of Civil Engineers’ Advisory Panel on Legal Affairs and a committee member of the Society of Construction Arbitrators. For seven years he was the Secretary of the Academy of Experts. Subsequently, he was Deputy Chairman for a year and is currently a member of Council. Guy Cottam contributes regularly to the legal column of Construction News and lectures regularly on adjudication and dispute resolution. Patrick Clarke Patrick is a barrister at Atkin Chambers, a leading specialist set in the field of construction and engineering law. He studied Physics at Kings College, London, graduating in 1995 and was called to the bar, Grays Inn, in 1997. Patrick joined Atkin Chambers in 1999 following completion of pupillage there. Patrick’s practice is principally concerned with technical, construction and engineering disputes between employers (including local and national government), contractors and professionals. He has been involved in a wide range of matters across the spectrum of litigation, international and domestic arbitration, adjudication and mediation. Donald Lamont After graduating from Aberdeen University in 1971, Donald spent 13 years with a leading firm of consulting engineers in Scotland during which time he worked on the construction of roads, bridges, pipelines and tunnels both in the UK and abroad. www.constructionlawhandbook.com

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He joined HSE in 1984 and since 1987, has been a construction engineering specialist in HSE’s technical HQ in Bootle. Much of his work is associated with ground engineering and tunnelling including the Channel tunnel, but he was also part of the team which drafted the Construction (Design and Management) Regulations, the Construction (Health, Safety and Welfare) Regulations and the Work in Compressed Air Regulations. In addition, Donald is involved in drafting both British and European Standards on tunnelling and construction machinery safety. He is a member of the Institution of Civil Engineers’ Health and Safety Board and various CIRIA committees. He is also currently an external examiner in the Civil Engineering department of Kingston University. Mark Tyler Mark Tyler is a partner at CMS Cameron McKenna specializing in health and safety law and has been noted as a leading expert in the area in annual surveys of the legal profession. He has been involved in various major cases including the Southall and Ladbroke Grove Rail Inquiries and the Organophosphate Chemical Group Litigation. He deals regularly with the defence of HSE prosecutions and enforcement action on behalf of companies and other organizations. He is co-author of the books Product Safety and Safer By Design and he has contributed and edited numerous other books and reports in the health and safety field including Health and Safety at Work loose-leaf and CD ROM. Mark is a member of the CBI Health and Safety Panel, The International Association of Defense Counsel, and The Institution of Occupational Safety and Health. Alison Cull Alison Cull studied law at the University of Leicester and qualified as a solicitor in 1994. She is a Senior Associate in the Restructuring team at Pinsent Masons, with experience in advising clients on all aspects of corporate and personal insolvency law in connection with receiverships, liquidations, administrations, voluntary arrangements and bankruptcy. She has acted for insolvency practitioners, banks, commercial clients, directors and creditors. Her expertise is primarily in dealing with contentious aspects of insolvency law including in particular the enforcement of creditors’ rights with an emphasis on property and construction related insolvency work. Alison has also been involved in handling commercial issues including payment security aspects of contracts in relation to both drafting and enforcement and has a particular expertise in the areas of bonds and guarantees and escrow agreements. Richard Davis Richard Davis was born in 1955 and educated at Emmanuel College, Cambridge where he obtained an M.A. in law. He has practised for 20 years as a solicitor in the fields of construction and insolvency law. He joined Pinsent Masons in 1984, and was a partner from 1988 until 1997, when he became a consultant with the firm. In 1991, he published Construction Insolvency (2nd edn, 1999) which was the first specialist study of insolvency as it affects the construction industry. He co-edited Security for Payment in 1996. He is a contributor to Lightman and Moss The Law of Receivers of Companies and Emden’s Construction Law. He is a lecturer, tutor and examiner at the Centre of Construction Law and Management at King’s College, London, and frequently speaks at conferences. lii

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He is active in the training of lawyers within Masons, and has appeared regularly on Television Education Network, a system of legal education based on video. He served on numerous government and industry committees in connection with the Latham Report and the Bill which became the Housing Grants, Construction and Regeneration Act 1996. A third edition of Construction Insolvency will be published in 2007. Graham Chapman Graham is a barrister at 4 New Square, Lincoln’s Inn. This is a leading commercial and civil set with a reputation founded upon its work as specialist counsel in a wide range of civil disputes and as expert advisers in non-contentious matters. The set has particular expertise and a high reputation in relation to claims against professionals, including construction professionals, and frequently acts in disputes between employers and contractors and subcontractors both in court and in arbitrations. Graham joined 4 New Square after his pupillage there. He is a scholar of Oriel College, Oxford, achieving a high first in his law degree and being awarded the University prize for the best finals paper in jurisprudence. Graham’s practice focuses heavily on claims made by and against construction professionals. In addition, Graham acts for and against other professionals in a wide range of professional liability disputes and has a general commercial and common law practice. Miles Harris Miles Harris is a barrister at Four New Square in Lincoln’s Inn, a leading commercial and civil set with members who act in a wide range of civil disputes and as expert advisers in non-contentious matters. Four New Square was rated as the top set for professional negligence litigation in Chambers and Partners 2006. Miles studied Anglo-Saxon, Norse & Celtic at Trinity College, Cambridge before converting to law at City University. He is a member of Gray’s Inn. He is regularly instructed in a wide range of claims against professionals, including those working in the construction industry. Kathryn Mylrea Kathy Mylrea (Partner and Head of Environment Department) was educated in the United States and admitted originally in Ontario, Canada in 1986. Kathy specializes in the application of UK and EU environmental law. She has wide experience of most aspects of environmental law with particular emphasis on analysis of potential environmental liabilities in relation to acquisition, ownership and development of contaminated land and use of environmental audits. She regularly works closely with members of the Construction Department on matters involving environmental investigations and negotiation of contractual provisions allocating liability. She regularly defends criminal prosecutions for waste, water and health and safety related offences. She is the author of the legal and policy volume of the Construction Industry Research and Information Association publication on Remedial Treatment of Contaminated Land. Peter Witherington Peter Witherington is deputy chairman of RSKENSR, a registered SiLC and member of their PTP. He chairs the AGS contaminated land working group and represents HBF on the Remediation Licence and Soil Guideline Value task forces. He has over 20 years’ www.constructionlawhandbook.com

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experience in the field of geotechnical and environmental advisory services, his main specialisms being in assessment and remediation of contaminated land, and risk assessment, communication and management. He provides expert witness at High Court hearings and public inquiries and is author of numerous papers on contaminated land. He has been involved in several research projects for CIRIA, DETR and the EA as both a research contractor and steering group member. He has developed a guidance for housing developers to ensure that the development of potentially contaminated land is managed consistently and safely. He worked with NHBC in developing their standards chapter 4.1 on land quality and is currently involved in the development of environmental management systems to control construction impacts of development projects. Peter has lectured at Newcastle-upon-Tyne University, Queens University, Belfast; run workshops for local authorities and private developers on the technical requirements of the contaminated land provisions of the Environment Act 1995 and has also provided input into the NHBC internal training programme. Daniel Atkinson Daniel Atkinson is Managing Director of Daniel Atkinson Limited and sole proprietor of the website www.atkinson-law.com. He publishes extensively on practical issues relating to construction contracts and construction law. He contributes regularly to the legal column of Construction News and lectures regularly on administration of contracts, standard forms, payment, delay and disruption, adjudication and dispute resolution. Daniel Atkinson is a chartered civil engineer of over 30 years experience, holds a degree in law and was called to the Bar in 1994 as a non-practising barrister. He is a Fellow of the Institution of Civil Engineers, a Fellow of the Chartered Institute of Arbitrators and holds a diploma in International Arbitration and is a Fellow of the Institution of Civil Engineering Surveyors. Daniel Atkinson has a wide experience of construction projects ranging from bridges to tunnels, marine works to buildings and in design and construction. He has extensive experience in dispute resolution in the UK and internationally and has represented parties as advocate and taken conduct of proceedings in arbitration, adjudication and mediation. He accepts appointment as mediator, adjudicator or arbitrator. Daniel Atkinson has acted as Adjudicator on a wide range of disputes, has promoted development of adjudication in the UK and is past chairman of the Institution of Civil Engineers Conciliation and Adjudication Advisory Panel. Nigel Robson Nigel Robson is Head of Construction (North) at Eversheds, a full service European law firm with 14 offices in England and Wales and 11 offices in Europe and the Far East. After being admitted in 1977, Nigel became a partner in 1980 and is now a leading partner in the 55 strong Construction & Engineering Unit. Eversheds has a very strong reputation, acting for a wide spectrum of clients including employers, commercial developers, public sector, contractors, subcontractors, specialist manufacturers, design professionals, funding and insurance interests. This provides Eversheds with the unique experience and commercial expertise to get deals delivered and problems resolved in a straightforward, commercial and effective manner. The Construction & Engineering Team specialize in all aspects of the industry, including: claims and contract advice; drafting and negotiating construction and engineering contracts and related documents; construction finance documentation; liv

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dispute resolution adjudication; litigation arbitration and ADR (including mediation); performance bonds, guarantees, direct warranties; operating agreements, licences copyright, patent rights; professional appointments and professional indemnity; procurement and competition law advice. While Nigel has been responsible for handling several high profile reported cases, his philosophy and commitment are to achieving commercial results properly reflecting the legal and contractual realities. Julian Critchlow Julian Critchlow is a partner in Fenwick Elliott, solicitors, and specializes in both contentious and non-contentious construction law. He is a Fellow of the Chartered Institute of Arbitrators, an Associate Fellow for the Society for Advanced Legal Studies, a TECSA registered Adjudicator and a CEDR accredited mediator. He regularly lectures on matters relating to construction law and arbitration and is the author of numerous articles. He is author of Making Partnering Work in the Construction Industry, joint author (with Prof Rob Merkin) of Arbitration Forms and Precedents, Arbitration Editor of Amicus Curiae (the journal of the Society for Advanced Legal Studies) and Consultant Construction Law Editor of The Journal of ADR, Mediation and Negotiation. He is a tutor on the MSE Construction Law and Arbitration Course at King’s College, London (where he is currently studying, in his own time, for a PhD researching the juridical meaning of arbitration) and is a Commissioner of the Foundation for International Arbitration. Franco Mastrandrea Franco Mastrandrea is Chairman and Managing Director of Northcrofts Management Services Ltd which specializes in dispute resolution in construction, both in the UK and overseas, particularly in relation to management, time and quantum issues. He was for some time a partner in Northcrofts, the international quantity surveying practice, where he started his professional career. He has acted as expert witness (both party-appointed and single expert) on a variety of construction disputes, both at arbitration and litigation. He is a CEDR registered mediator and a Panel Adjudicator on the list of the Chartered Institute of Arbitrators, the Royal Institution of Chartered Surveyors, CEDR and the Chartered Institute of Building. He is a Chartered Arbitrator and has acted as arbitrator on numerous construction disputes and served as chairman of a dispute resolution board. Ian Wright Ian Wright is a barrister at Crown Office Chambers in London, specializing in building, engineering, railways, and other technical and commercial work, and professional negligence claims against architects, engineers and surveyors. He is also a chartered civil and structural engineer, and was a consulting engineer in private practice prior to being called to the Bar. His specialist engineering experience includes the design of building structures and components, foundation construction in difficult ground conditions, and the investigation and appraisal of buildings. He has acted as an engineering adviser and expert engineer in litigation and arbitration proceedings. He is a Member of Council of the Institution of Structural Engineers and sits on its Professional Conduct Committee, and is a Committee Member of TECBAR. www.constructionlawhandbook.com

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Ian Wright has wide experience of dispute resolution; as an engineer acting as the Contract Administrator or the Engineer under standard form and ad hoc contracts; as counsel in litigation, arbitrations, adjudications and mediations; and as an adjudicator and mediator. He is a Fellow of the Chartered Institute of Arbitrators and accepts appointments as an arbitrator, and is an adjudicator (accredited by TECBAR) and a mediator (accredited by the Academy of Experts).

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