The boot's on the same foot

Article Abstract:

The JCT's latest Information Release Schedule is a contract document, and must therefore be negotiated and agreed prior to the signing of the contract. It is legally binding once included in the contract, and the client is in breach of contract if its deadlines are not met. An item of information not on the schedule must be released when required, but the contractor must now request it only if he believes that the architect is not aware that it is required. The contractor can now insist on the schedule dates being met, but does not have to build in the sequence or timing shown by his programme.

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Duties of care

Article Abstract:

The case of Dept of National Heritage vs Steensen Varming Mulcahy indicates that UK contractors should in future be aware of the need to warn the client and the design team straight away if it becomes clear that elements of the design show a lack of buildability. In this case, the consultant managed to avoid liability, but this does not mean that it is not appropriate to be cautious, particularly in relation to supervision.

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Whose loss is it anyway?

Article Abstract:

The ruling handed down by Lord Jauncey in the UK House of Lords in the case McAlpine v.Panatown is discussed. The decision that Panatown did not have a claim under common law because it had not suffered direct loss is examined.

Cases, Property, Business losses, Alfred McAlpine Construction Ltd., Panatown

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