Construction analysis: This is the latest instalment in a series of decisions arising out of claims by a developer (BDW) against its structural engineer (URS) in respect of structural defects in two residential developments, where the repair works were carried out at a time when it no longer had any proprietary interest in the developments and no claims had been intimated by the any third parties. In its much-anticipated judgment, the Supreme Court affirmed the decisions of the Technology and Construction Court and the Court of Appeal, holding that: (i) the repair costs fell within URS’s scope of duty and were not too remote; (ii) the retrospectively extended limitation period in section 135(3) of the Building Safety Act 2022 meant that there was no relevant time bar at the time of the repair works; (iii) URS owed a duty under section 1(1)(a) of the Defective Premises Act 1972 (DPA 1972)...
To continue reading this news article, as well as thousands of others like it, sign in with ½Û×ÓÊÓƵ or register for a free trial
EXISTING USER? SIGN IN CONTINUE READING GET A QUOTE
To read the full news article, register for a free Lexis+ trial
**Trials are provided to all ½Û×ÓÊÓƵ content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these ½Û×ÓÊÓƵ services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
* denotes a required field
Time of the essence—construction contractsWhat does time of the essence mean?Where time is 'of the essence' it means that the stated time for completion of an obligation in a contract is a condition of the contract. Failing to comply can therefore allow the innocent party to terminate the contract
Duty to warnThis Practice Note examines the extent to which contractors, sub-contractors and consultants have a duty to warn their employer of inadequacies that they discover in designs that have been produced, or works that have been carried out, by others.If a contractor or a sub-contractor
Good faith in construction contractsThis Practice Note considers if and when a duty of good faith may be implied into a construction contract, and also looks at some of the standard form construction contracts which contain express obligations to act in good faith, including their effect on the
Implied terms in construction contractsThe implication of terms into a contract is a large and complicated area of law. Sometimes, a particular term will be implied automatically into all contracts of a specific type, either by statute or by common law. In other cases, implied terms are a way of
0330 161 1234