Building Law Monthly

In Heis v Perth & Kinross Council [2013] CSOH 149, Lord Malcolm held that the pursuers were not entitled summarily to enforce the decision of an adjudicator. The pursuers were the administrators of a company which was in administration at the..

Two recent cases have given consideration to the nature of the penalty clause jurisdiction. The first is the decision of Burton J in Cavendish Square Holdings BV v El Makdessi [2012] EWHC 3582 (Comm), [2013] 1 All ER (Comm) 787 and the second is the..

Rawley, Williams, Martinez and Land Construction Adjudication and Payments Handbook (OUP, 2013), 507pp plus tables, appendices and index, £69.95. The publication of this book is further evidence of the practical significance of Pt II of the..

In Clarke Investments Ltd v Pacific Technologies [2013] EWCA Civ 750, the Court of Appeal held that, once a notice to complete is served, time is made of the essence of the contract for both parties. It does not become of the essence only for the..

In Parkwood Leisure Ltd v Laing O’Rourke Wales and West Ltd [2013] EWHC 2665 (TCC) Akenhead J held that a collateral warranty was a construction contract for the purposes of the Housing Grants, Construction and Regeneration Act 1996 so that a..

In Liberty Mercian Ltd v Cuddy Civil Engineering Ltd [2013] EWHC 2688 (TCC), Ramsey J held that the claimant was not entitled to invoke the doctrine of misnomer nor was it entitled to rectification of the contract in order to provide that the party..