Did the employer bear the burden of proof when seeking to recover alleged overpayments to a contractor in respect of Price for Work Done to Date ("PWDD") under a NEC3 Engineering and Construction Contract?
Print Legal Briefing - Contract issues
17 January 2012 - Leander Construction Ltd v Mulalley & Co Ltd
Was there an implied obligation to proceed regularly and diligently?
9 January 2012 - Kookmin Bank v Rainy Sky SA & Others
How did the Supreme Court interpret a bond? Did they prefer the literal or common sense approach?
10 October 2011 Hackney Empire Ltd v Aviva Insurance UK Ltd
Had payments made under a side agreement served to discharge a bond?
16 August 2011 - Baylis Farms Ltd v R B Dymott Builders Ltd
Did the inadequate fall mean the drain was not fit for purpose? Was the content and effect of an important conversation between the parties sufficient to exclude the implied warranty of fitness for purpose that would otherwise apply?
Contact the author
 | David Bebb Tel: +44 (0)20 7421 1986 dbebb [at] fenwickelliott [dot] com (Email David) |
Click on www.building.co.uk/legal/case-of-the-week to read the latest column. Registration may be required on this website.
