International Construction Law Review
CORRESPONDENTS’ REPORTS UNITED KINGDOM
MARTIN BRIDGEWATER, MIRANDA RAMPHUL AND TONY DYMOND
Herbert Smith LLP, London
In this edition we complete our summary of the significant cases in the construction field which the English courts have heard over the last two years or so. We also provide a further update on the latest standard forms published by the Joint Contracts Tribunal (JCT).
STANDARD CONSTRUCTION CONTRACT FORMS
JCT 2009
In the last issue of this Review
1 we reported on the release by the JCT of its 2009 revisions of its 2005 suite of contracts. Since then the JCT has released the remainder of these, including the Constructing Excellence Contract, the Major Project Construction Contract, the Measured Term Contract, the Prime Cost Building Contract and the Repair and Maintenance Contract.
As with the other revised contracts, the JCT has chosen not to issue definitive lists of the changes made to each standard form. Detailed comparisons need to be made by practitioners, and care needs to be taken when using these new forms.
CASE LAW
Balfour Beatty Construction Northern Ltd v. Modus Corovest (Blackpool) Ltd 2
This case concerned a contract for a substantial shopping development in Blackpool carried out pursuant to the JCT With Contractor’s Design 1998 form. The claimant contractor sought summary judgment in respect of an adjudicator’s award and a valuation/interim certificate. The defendant employer both challenged the adjudicator’s award and sought summary judgment on its counterclaim for liquidated damages.
Pt 1] Correspondents’ Reports—United Kingdom
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