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Construction Foundations newsletter - August 2015

  • United Kingdom
  • Construction and engineering - Foundations

17-08-2015

Summary

Welcome to Foundations, our UK construction and engineering monthly newsletter. Foundations will update you with details of what we think are the top three court cases decided in the previous month, a summary of important legislation changes or proposals, and a paper providing insight and guidance on a particular area of construction law and practice. We hope you find our newsletter useful and informative.

Featured article

CDM Regulations 2015 – What’s happening in practice with the key changes and principal designer role?

With less than two months to go before the end of the six month transitional period under the 2015 CDM Regulations, we look at the key changes that were introduced by the regulations and how the principal designer role is being implemented in practice before the deadline of 6 October 2015.

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Top 3 cases

Contract drafting: Court of Appeal decision on incorporation of terms of contract and contract interpretation

The importance of clearly setting out the requirements of each party in a formal contract has been emphasised in the recent case of Carbon Smart Ltd v Prevista Ltd [2015] EWCA Civ 668 where it was held that when entering into a contract the parties should be clear of any terms they believe to be incorporated into the contract, and not to rely on anything not clearly incorporated, even if the term relied upon was written down prior to the contract being signed.

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Claims for misrepresentation: interpretation of section 2(2) of the Misrepresentation Act 1967 (“the Act”) and awards for damages in lieu of rescission

The Court of Appeal has recently, in the case of Salt v Stratstone Specialist Limited trading as Stratstone Cadillac Newcastle [2015] EWCA Civ 745, considered section 2(2) of the Act and whether it has discretion to award damages for innocent or negligent misrepresentation where rescission is not available. 

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Contract interpretation and the duty to act in good faith

Portsmouth City Council v Ensign Highways Ltd [2015] EWHC 1969 (TCC)

In this recent case, the TCC considered the fundamentals of contract interpretation and an implied duty to act in good faith. 

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Latest Legislation

Construction legislation update: renewables obligation

The Department for Energy and Climate Change (DECC) announced in July a package of measures to reduce subsidies to renewable energy that will impact upon businesses operating in the renewable energy sector.

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Simon Oats, Product Group Head

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