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Construction Foundation Newsletter September 2016

  • United Kingdom
  • Construction and engineering - Foundations
  • Litigation and dispute management

26-09-2016

Welcome to Foundations, our 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, and a paper providing insight and guidance on a particular area of construction law and practice in the UK (UK insight). We hope you find our newsletter useful and informative.

UK insight

EPC Contracts – minimising disputes

In principle, the formation of disputes is against the natural interests of the parties to an EPC contract. This article provides an insight into the types of disputes which may arise during the lifecycle of an EPC project with practical guidance for both the Contractor and Owner on minimising disputes during the various stages of a project.

Read the full article

 

 

Top 3 cases

Howmet Ltd v Economy Devices Ltd [2016] EWCA Civ 847

The decision in this case demonstrates that a negligent manufacturer may be able to escape liability where the innocent party becomes aware of the defect before damage occurs and voluntarily continues to use the product.

Read the full article

 

 

Allen Tod Architecture Ltd v Capita Property and Infrastructure Ltd [2016] EWHC 2171 (TCC)

This case considers whether the court’s permission to appoint and rely upon the opinion of a new expert is to be conditional upon disclosing any document or correspondence containing the substance of the opinion of the original expert.

Read the full article​ ​​

Beumer Group UK Ltd v Vinci Construction UK Ltd [2016] EWHC 2283 (TCC)

This case considers whether the court’s permission to appoint and rely upon the opinion of a new expert is to be conditional upon disclosing any document or correspondence containing the substance of the opinion of the original expert.

Read the full article​ ​

What is troubling you?

The content within Foundations is produced to help you. If you have a particular issue or area of law that you would like us to cover, then email construction@eversheds-sutherland.com and we will endeavour to address it in a subsequent edition of Foundations.

Simon Oats, Product Group Head

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