Blog author: Peter Hibberd Contract interpretation and litigation, it is said, are not exact sciences: this is no better illustrated than by the recent case of MT Hojgaard vs E.ON Climate & Renewables UK Robin Rigg East Ltd, which went all the way to the Supreme Court. At the heart of that case was the tension between different provisions within the various documents that constituted a design and build contract for the design, fabrication and installation of foundations for 60 wind turbines. In essence the…

Blog authors: Emily Dickson and Emily Pittaway – BLP Law Securing planning consent is a fundamental first step for any development project. Where a building contract does not expressly oblige either party to apply for or obtain planning consent, or other project specific approvals such as conservation area or listed building consent, who bears this responsibility? This is an important issue, particularly in circumstances where such consents are not obtained in time for the works to start. If responsibility falls on the employer, then the contractor…

Blog author: Peter Hibberd After Brexit, the UK is to go its own way regarding procurement and contracts but it will still have to work within parameters set by others if it is to trade internationally – something which JCT will continue to pursue regardless of the UK’s membership of the EU. During the past year, few subjects have created as much angst and foreboding as Brexit even though its definition is unclear– perhaps that is the problem. This article does not repeat the well-trodden arguments…

Blog authors: Marc Hanson and Helena Savva – BLP Law JCT forms include comprehensive guidance on execution, in addition to standard provisions allowing the parties to execute the contract under hand or as a deed. However, what they do not include are terms providing that the contract will not be binding unless both parties execute it. So, what if the parties amend their JCT form to include such a term and then one party doesn’t sign? Surely, the answer must be that the contract won’t…

Blog author: Peter Hibberd Amending standard form building contracts is done more than is necessary and sometimes even changes the nature of the contract. Amendment might be done so as to change the risk apportionment or simply because of office practice without regard to risk – whatever, problems frequently arise. In addition to any imbalance of risk created there is also potential for inconsistency, conflict and or incoherence in the contract. Consequently, the effect of an amendment may become costly in an unknowing way. JCT Standard forms of contract are devised by experienced practitioners to…

Blog author – Andrew Keeley, Charles Russell Speechlys There is no general right to terminate without cause under most of the JCT contracts. This is unsurprising; a construction project requires a significant commitment from both parties and cannot be abandoned lightly. However, sometimes there is no other option but to part company. In these circumstances it is crucial to carefully check the particular contract terms of the contract you are using. Here are some important points to consider before terminating a JCT Standard Building Contract 2011 (SBC 2011) or JCT Design and Build…