You are on page 1of 56

Edited by

Sir Vivian Ramsey QC


Ann Minogue
Jenny Baster
Michael OReilly

Published by Thomas Telford Publishing, Thomas Telford Ltd, 1 Heron Quay, London E14 4JD.
www.thomastelford.com

Distributors for Thomas Telford books are


USA: ASCE Press, 1801 Alexander Bell Drive, Reston, VA 20191-4400
Japan: Maruzen Co. Ltd, Book Department, 310 Nihonbashi 2-chome, Chuo-ku, Tokyo 103
Australia: DA Books and Journals, 648 Whitehorse Road, Mitcham 3132, Victoria

First published 2007

For subscriptions queries, contact


Maria Davis
Thomas Telford Publishing
Tel: 020 7665 2460
Email: maria.davis@thomastelford.com

A catalogue record for this book is available from the British Library

ISBN: 978-0-7277-3485-3
ISSN: 1752 6841
# Thomas Telford Limited, unless otherwise stated, 2006
All rights, including translation, reserved. Except as permitted by the Copyright, Designs and Patents Act 1988,
no part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any
means, electronic, mechanical, photocopying or otherwise, without the prior written permission of the
Publishing Director, Thomas Telford Publishing, Thomas Telford Ltd, 1 Heron Quay, London E14 4JD.
This work is published on the understanding that the authors are solely responsible for the statements made
and opinions expressed in it and that its publication does not necessarily imply that such statements and/or
opinions are or reect the views or opinions of the publishers. While every eort has been made to ensure
that the statements made and the opinions expressed in this publication provide a safe and accurate guide,
no liability or responsibility can be accepted in this respect by the authors or publishers.
Typeset by Academic + Technical, Bristol
Printed in Great Britain by MPG Books, Bodmin, Cornwall

Preface

Many texts on the market focus on the contractual aspects of construction law. A construction professional, however, often needs a practical understanding of a much wider
range of subjects. This handbook is designed to service this ned and provide the busy
professional with an accessible resource. It covers the range of topics most commonly
required, and is written for non-lawyers without, we hope, sacricing accuracy or being
patronising. The authors are acknowledged experts and hence the text is both authoritative and reliable, and, as a result of frequent re-issues, will remain up to date.
The editors and the publishers would like to thank the authors of the individual
chapters for their unstinting commitment, hard work and adherence to deadlines.
Finally, we hope that you, the reader, will nd this handbook valuable in your work.
We are always keen to receive feedback and to consider changes for future re-issues.
Please address any comments to the publishers, who will forward them to us.

Jenny Baster

Ann Minogue

Michael OReilly

Sir Vivian Ramsey

www.constructionlawhandbook.com

2007 edition

iii

Contents

Table of cases
Table of UK statutes and statutory instruments
Table of European legislation

xiii
xxxi
xxxvii

Biographies of contributors

xxxix

PART 1
Legal issues arising during the course of the
construction project
Section editor: Ann Minogue
1.1

The planning system


1
2
3
4
5
6
7
8
9
10
11

1.2

Introduction
Development
Applications for planning permission
Determination of the planning application
Conditions and obligations
The duration of planning permission
Planning appeals
Enforcement
Environmental issues in relation to planning
Protecting heritage
Trees and hedges

Financing the project


1
2
3
4

31

Types of project nance


Range of nancing options
The funders requirements
Institutional funding structures

www.constructionlawhandbook.com

5
7
10
12
15
16
17
20
22
24
29

2007 edition

33
34
36
41
v

5
6
1.3

Bank nancing
Bond nancing

42
43

Public sector projects

47

1
2
3
4
5
1.4

Publicprivate sector partnerships


1
2
3
4
5
6
7
8
9
10
11

1.5

1.6

49
49
50
52
64
71

Introduction
Risk transfer
Contractual matrix
Design and the technical documentation
Design development
Compliance monitoring
Service commencement
Construction (Design and Management) Regulations 1994
Direct agreements and collateral warranties
Application of the Housing Grants, Construction and Regeneration
Act 1996 (HGA), Part II, to PFI transactions
Dispute resolution

73
80
86
89
96
100
103
107
110
114
117

Tender process

119

1
2
3
4
5
6
7
8
9
10
11

121
128
142
144
152
152
153
155
161
169
170

Introduction
Tendering construction contracts
Tendering consultant contract
Tendering guidelines
Public sector tendering
Subcontract tendering
The risks in tendering
PFI/PPP/DBFO Contracts
Turning tenders into contracts
Tender abuses
Freedom of Information Act 2000

The construction contract


1
2
3
4
5
6
7

vi

Introduction
Why should public sector projects be dierent?
What constitutes the public sector?
Substantive procurement rules
Some problem areas in the application of procurement law

173

Introduction
The principal types of construction contract
Documents forming part of the construction contract
Part II of the Housing Grants, Construction and Regeneration
Act 1996
The applicable law of the contract
Selection of conditions of contract in practice
Subcontracts and collateral warranties
2007 edition

175
177
186
188
189
190
195

www.constructionlawhandbook.com

1.7

Construction insurance
1
2
3
4
5

197

General insurance
Types of insurance
Construction insurance provisions under traditional building
contracts and civil engineering contracts
Professional indemnity insurance (PI)
Latent defects insurance

199
206
213
214
216

PART 2
Organizing and engineers practice
Section editor: Jenny Baster
2.1

Ways of operating
1
2
3
4
5

2.2

255

Introduction
Reasons for establishing a joint venture
Principal considerations in establishing a joint venture to tender
Types of legal structure
Competition aspects
Conclusions

Introduction
Strategic considerations
Practical issues logistics
Regulatory frameworks
Some tax issues
Tax check-list

Form of appointment
Key issues that arise in appointment documents
Working for design and construct contractor
Standard forms

295
296
325
329
333

What is a collateral warranty?


So why are collateral warranties needed?

www.constructionlawhandbook.com

271
271
273
278
282
290
293

Collateral warranties
1
2

257
257
259
262
267
267
269

The engineers appointment


1
2
3
4

2.5

227
231
239
252
254

Working internationally
1
2
3
4
5
6

2.4

Sole practices
Partnership
Companies
EEIGs
Summary

Working with others


1
2
3
4
5
6

2.3

225

2007 edition

335
336
vii

3
4
5
6
7
8
9
10

2.6

Professional indemnity insurance


1
2
3
4
5
6

2.7

Introduction
Professional indemnity insurance
Claims
Extensions
Project insurance
Disclosure requirements

351

355
355
361
365
366
366
367

Contract of employment or contract for services?


Dening a contract of employment
Taxation of subsistence and travel allowances in the UK
Wrongful and unfair dismissal
TUPE transfers
Working time regulations
Collective consultation
Legislation update: recent and forthcoming legislation

Information technology in the construction industry


1
2
3
4

336
338
339
341
349
350
350

353

Employment law
1
2
3
4
5
6
7
8

2.8

Warrantors and beneciaries


Issues for the client
The obligation to provide collateral warranties
Terms of the collateral warranty
Step-in provisions and collateral warranties
Contractors warranties
Common abuses
The Contracts (Rights of Third Parties) Act 1999 the end of
collateral warranties?

Introduction
Procuring and supplying technology as product
Procuring and supplying technology as services
General legal issues and computers

369
377
383
386
391
395
398
400
407
409
414
424
431

PART 3
General law
Section editor: Sir Vivian Ramsey QC
3.1

The law of contract


1
2
3
4
5
6

viii

445

Why bother?
Making a contract
Oer and acceptance
Consideration
Construction of a contract
Terminating or determining a contract
2007 edition

447
449
451
453
454
461
www.constructionlawhandbook.com

7
3.2

3.3

467

1
2
3
4
5
6
7
8
9
10

469
469
471
481
490
497
500
505
519
523

Introduction
The regulatory agencies
Enforcement
The Health and Safety at Work etc. Act 1974
Management duties
Management obligations construction and engineering projects
Construction-orientated legislation
Hazard-specic regulations: use of equipment
Supply of work equipment and materials
General workplace safety requirements

Insolvency in construction

533

Informal insolvency
Formal Insolvency
Insolvency set-o
Insolvency claims
Termination of contracts
Case study
Security for performance
Security for payment

535
536
544
548
552
558
561
565

Law of tort
1
2
3
4
5
6
7

3.5

464

Construction health and safety

1
2
3
4
5
6
7
8
3.4

Disputes and remedies

573

Negligence
Nuisance
Rylands v. Fletcher
Breach of statutory duty
Occupiers liability
Defective Premises Act 1972
Trespass

575
590
598
600
601
605
606

Environmental issues

609

1
2
3
4
5
6
7
8
9
10
11
12

611
611
614
619
621
627
629
631
632
633
635
635

Introduction
Sources of environmental law and those who enforce it
Waste management
Water pollution
Contaminated land
Air pollution
Noise
Asbestos
Nature conservation
Environmental impact assessment
Environmental management systems
Public access to information

www.constructionlawhandbook.com

2007 edition

ix

PART 4
Construction disputes
Section editor: Mike OReilly
4.1

Administration of claims
1
2
3
4
5
6
7
8
9

4.2

4.3

Dispute avoidance
Legal basis of claims
Claims for extension of time
Liquidated damages
Claims for site conditions
Financial claims
Delay and disruption nancial claims
Management of claims
Particular administrative claim issues

641
657
667
739
750
755
762
770
773

Litigation

785

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18

787
787
787
789
789
792
792
792
793
794
794
796
798
799
799
800
800
801

Introduction
The overriding objective
Pre-action
Commencing proceedings
Issuing a claim
Directions/case management conference
Is summary judgment appropriate?
Disclosure (formerly called discovery) Rule 31
Specic disclosure and inspection
Is it appropriate to make an oer of settlement?
Evidence
Hearings interim applications
Pre-trial review
Trials
Judgments
Time for complying with the judgment or order
Enforcement and costs
Funding issues

Arbitration
1
2
3
4
5
6
7
8
9

639

805

Introduction
Commencing an arbitration
The arbitration process
Preparation of factual evidence
Presentation of the case to the arbitrator
The arbitrators award
Particular powers of arbitrators
Particular problems
The international dimension

2007 edition

807
808
810
811
812
813
816
817
818

www.constructionlawhandbook.com

4.4

Adjudication
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23

4.5

821

What is adjudication?
What contracts must provide a statutory right to adjudication?
The existence of a dispute
What provisions must be incorporated into a construction contract
to comply with the HGCRA 1996?
Notice of intention to withold payment
The statutory right to suspend performance for non-payment
The scheme for construction contracts
The nature of disputes usually adjudicated
Who may be an adjudicator?
The adjudicators jurisdiction
The appointment of the adjudicator
Fees and costs
The adjudicators powers
Duties of the adjudicator
Duties of the parties
Adjudication under contract
Specic provisions in the ICE (and other standard form) contracts
What is the position if only the referring party takes part in the
adjudication?
The form and content of an adjudicators decision
To what extent is the decision binding on the parties?
Enforcement of the adjudicators decision
The adjudicators immunity
Does the Human Rights Act 1998 apply to adjudication?

823
825
832
837
842
844
845
846
848
848
854
854
856
858
863
863
863
864
865
865
867
869
870

Alternative dispute resolution

871

1
2
3
4
5
6
7
8
9
10
11
12

873
875
876
879
882
883
885
885
886
887
894

13
14
15

Introduction
Negotiated settlements
Mediation
Conciliation
Mini-trial
Dispute resolution panels
Early neutral evaluation
Expert determination
Mediationarbitration
Staged dispute resolution provisions
Amicable settlement
The legal eect of ADR clauses to what extent are they
enforceable?
Advantages and disadvantages of ADR
Selecting a mechanism for construction disputes
Limitation periods and time limits
Newsletter 20052006

Index

www.constructionlawhandbook.com

894
897
898
900
901
925

2007 edition

xi

Table of cases

A Straume (UK) Ltd v. Bradlor Developments Ltd [2000] BCC 333


538,
A&D Maintenance and Construction Ltd v. Pagehurst Construction Services Ltd
[1999] CILL 1518
836,
A&S Enterprises Ltd v. Kema Holdings Ltd [2005] BLR 76
A. Bell and Son (Paddington) Ltd v. CBF Residential Care and Housing
Association [1989] 46 BLR 102
A. G. v. Logan [1891] 2 QB 100
Aarons Reefs v. Twiss [1896] AC 273
ABB Power Construction Ltd v. Norwest Holst [2001] 77 Con LR 20
ABB Zantingh Ltd v. Zedal Building Services Ltd [2001] BLR 66
828,
Abbey Developments Limited v. PP Brickwork Limited [2003] EWHC 1987
Absolute Rentals v. Glencor Enterprises Ltd (unreported, 16 January 2000)
AC Controls Ltd v. British Broadcasting Corporation [2002] EWHC 3132
Aktion Maritime v. Kasmas [1987] 1 LR 283
Alabaster v. Woolwich plc and Secretary of State for Social Security [2004]
IRLR 486
Alexander v. Cambridge Credit Corporation [1987] 9 NSWLR
Alfred McAlpine Capital Projects Limited v. Tilebox Limited [2005] EWHC 281
671, 746,
Alghussein Establishment v. Eton College [1988] 1 WLR 587
All In One Building Refurbishments Ltd v. Makers UK Ltd [2005] EWHC 2943
834,
Allen Wilson Shoptters v. Buckingham [2005] 102 Con LR 154
831, 832,
Allen v. Gulf Oil Rening Ltd [1980] QB 156
595,
Allied London and Scottish Properties plc v. Riverbrae Construction Ltd [1999]
BLR 346
858,
Amalgamated Building Contractors Ltd v. Waltham Holy Cross Urban District
Council (1952)
Amec & Alfred McAlpine (Joint Venture) v. Cheshire County Council [1999]
BLR 303
724,
Amec Capital Projects Ltd v. Whitefriars City Estates Ltd [2005] BLR 1
AMEC Civil Engineering Limited v. Secretary of State for Transport [2004]
EWHC 2339
www.constructionlawhandbook.com

2007 edition

848
867
861
749
592
204
828
850
761
868
662
556
403
737
747
748
868
867
598
860
717
778
861
832
xiii

AMEC Civil Engineering Limited v. Secretary of State for Transport [2005]


EWCA 291
Amec Process and Energy Ltd v. Stork Engineers & Contractors BV [2002]
764,
Analogy v. Bell Basic Industries [1996] 12 BCL 291
Andrew Wallace Ltd v. Artisan Regeneration Ltd and another [2006] EWHC 15
Andrews v. Schooling [1991] 1 WLR 783
Anglia Television v. Reed (1972)
Anns v. London Borough of Merton [1978] A.C. 728
Anns v. Merton London Borough Council [1978] AC 728
Antaios Compania Naviera S.A. v. Salen Rederierna A.B. [1985] AC 191, 201
Antaios [1981] 2 Lloyds Rep 284
Archivent v. Strathclyde General Council [1984] 27 BLR 111
Ardmore Construction v. Taylor Woodrow Ltd [2006] CSOH 3
Ariston SRL v. Charly Records Limited [1990]
Ascon Contracting Limited v. Alfred McAlpine Construction Isle of Man
Limited [1999]
670, 673, 722, 732,
Ashville Investments Ltd v. Elmer Contractors Ltd [1988] 2 Lloyds Rep 73
Ashville Investments Ltd v. Elmer Construction Ltd [1988] 2 All ER 577
Austin Hall Building Ltd v. Buckland Securities Ltd [2001] BLR 272
Austin Rover Group Ltd v. HM Inspector of Factories [1990] 1 AC 619
AWG Construction Services Ltd v. Rockingham Motor Speedway Ltd [2004]
EWHC 88
834,
AWG Construction Services Ltd v. Rockingham Motor Speedway [2004]
20 Const LJ T107
860,
B R Cantrell v. Wright & Fuller Ltd [2003] EWHC 1545
758, 759,
Baker v. Willoughby [1970] AC 467
Baldwins Industrial Services plc v. Barr Ltd [2003] BLR 176
548, 829,
Balfour Beatty Building Ltd v. Chestermount Properties Ltd [1993] 62 BLR 12
Balfour Beatty Construction v. London Borough of Lambeth [2002] BLR 288 859,
Balfour Beatty Construction v. Serco Ltd (unreported, 21 December 2004)
Balfour Beatty v. Britannia Life [1997] SLT (OH) 10
Balfour Beatty v. Technical & General Guarantee [1999] 68 Con LR 180
Balfour Kilpatrick v. Glauser International SA (unreported)
Ball v. The Eden Project [2002] 1 BCLC 313
Ballast plc v. The Burrell Co. (Construction Management) Ltd, [2001]
S.L.T. 1039
853,
Banbury and Cheltenham Railway v. Daniel [1854] LJ Ch 265
Bank of East Asia v. Scottish Enterprise (unreported, 19 June 1992, Lexis)
Banque Bruxelles S.A. v. Eagle Star [1996] 3 WLR 87, 101 (dg)
Banque Financie`re de la Cite v. Parc (Battersea) Ltd [1999] 1 AC 221
Banque Financie`re de la Cite S.A. v. Westgate Insurance Co. Ltd (Westgate)
[1988] 2 Lloyds Rep 513
Banque Keyser SA v. Skandia [1991]
Barnes & Elliott Ltd v. Taylor Woodrow Holdings Ltd. and another [2004]
BLR 111
Barnett v. Chelsea and Kensington Hospital Management [1969] 1 QB 428
Barr Ltd v. Law Mining Ltd [2001] 80 Con LR 134
836, 857,
Bath and North East Somerset District Council v. Mowlem plc [2004]
EWCA Civ 115
740,
xiv

2007 edition

892
765
549
830
605
660
336
576
455
815
562
860
747
766
835
892
870
485
835
868
760
583
868
736
861
867
571
564
857
551
858
562
554
465
663
203
737
839
582
866
748

www.constructionlawhandbook.com

Baxall v. Sheard Walsall [2002] CILL 1837


577,
Beaufort Developments v. Gilbert Ash [1998] 2 WLR 860
Beck Peppiatt Ltd v. Norwest Holst Construction Ltd [2003] BLR 316
Beckmann v. Dynamco Whicheloe MacFarlane Ltd
Bella Casa Ltd v. Vinestone [2005] EWHC 2807
Bennett & White v. Municipal District of Sugar City [1951] AC 786
Bernhards Rugby Landscapes Ltd v. Stockley Park Consortium (No. 2) [1998]
BLR
BHP Billiton Petroleum Ltd v. Dalmine SpA [2003] EWCA Civ 170
735,
Big Island Contracting (H.K.) Ltd v. Skink Ltd [1990] 52 BLR 110
Biggersta v. Rowatts Wharf [1896] 2 Ch 93
Biggins and Co Ltd v. Permanite Ltd [1950], [1951] 2 All ER 191
Birse Construction Ltd v. Eastern Telegraph Company Ltd [2004] EWHC 2512
Blackpool and Fylde Aero Club Limited v. Blackpool Borough Council
Bloor Construction (UK) Ltd v. Bowmer & Kirkland (London) Ltd [2000]
BLR 314
862,
Blyth & Blyth Limited v. Carillion Construction Limited [2002] 79 Con LR 142
111, 328,
Bolam v. Friern Hospital Management Committee [1957] 1 WLR 582
Bolitho v. City of Hackney Health Authority [1998] AC 232
Bolton v. Mahadeva [1972]
Bonford v. Turnley 3 B & S 66; 122 ER 27
Bouygues (UK) Ltd v. Dahl-Jensen UK Ltd [2000] BLR 49
Bouygues UK Ltd v. Dahl-Jensen UK Ltd [2000] BLR 522
546, 866,
Bouygues v. Shanghai Links [1998] 2 HKLRD 479
Bower v. Peate [1876] 1 QB 321
BP Renery (Westernpoint) Pty Ltd v. Shire of Hastings [1978] 52 AUJR 20
Bramall & Ogden Ltd v. Sheeld City Council [1985] 29 BLR 73
Braymist v. Wise Finance Ltd [2002] 2 All ER 333
Bremer Handelsgesellschaft Gmbh v. Vanden Avenne-Izegem [1978] 2 LLR 109
Bridgeway Construction Ltd v. Tolent Construction Ltd [2000] 18 CLD-09-22
Briggs Ltd v. Governors of Southeld School [2005] (TCC) BLR 468
British Eagle v. Air France [1975] 2 All ER 390
British Steel Corporation v. Cleveland Bridge & Engineering Company Limited
[1981] 24 BLR 100
162, 163, 669,
British Steel Corporation v. Cleveland Bridge & Engineering Co. Ltd [1983]
British Westinghouse v. Underground Electric Railway [1912]
Brodie v. Corporation of Cardi [1919] AC 337
Brown v. Bateman [1867] LR 2 CP 272
Bruno Zornow (Builders) Ltd v. Beechcroft Developments Ltd [1990] 51
BLR 16
669,
Bryen and Langley Ltd v. Boston [2005] BLR 508
831,
Buildspeed Construction v. Theme [2000] 4 SLR 776
Bunker v. Charles Brand & Son Ltd [1969] 2 QB 480
Burchell v. Bullard [2005] CA BLR 330
Burnie Port Authority v. General Jone Pty Ltd [1994] 120 ALR 42
Buxton Building Contractors Ltd v. Governors of Durand Primary School [2004]
BLR 374
Bybrook Barn Centre v. Kent County Council [2000] CA
www.constructionlawhandbook.com

2007 edition

586
818
833
393
660
563
715
762
681
539
773
660
125
866
557
581
581
679
594
823
868
566
593
458
714
827
710
855
653
552
715
661
731
758
563
713
832
550
602
652
599
860
596
xv

C&B Scene Concept Design Ltd v. Isobars Ltd [2002] BLR 93


C.J. Sims v. Shaftesbury plc
Cable & Wireless plc v. IBM United Kingdom Limited [2002] EWHC 2059
Cambridge Water v. Eastern Counties Leather [1994] 2 AC 264
593, 598,
Campbell Discount Co Ltd v. Bridge [1962] AC 600
Canary Riverside Development (Private) Ltd v. Timtec International Ltd [2000]
19 Const LJ 283
Canary Riverside v. Timtec [2003] 19 Const LJ 283
Caparo Industries plc v. Dickman [1990] 2 AC 605
Capital Structures plc v. Time & Tide Construction Ltd [2006] EWHC 591
Capolingua v. Phylum Pty Limited [1991] 5 WAR 137
Captiva Estates Ltd v. Rybarn Ltd (in administration) [2005] EWHC 2744
Carillion Construction Ltd v. Devonport Royal Dockyard Ltd [2003] BLR 79
830, 834,
Carillion Construction Ltd v. Devonport Royal Dockyard Ltd [2005] BLR 310
846, 860,
Carillion Construction Ltd v. Devonport Royal Dockyard Ltd [2006] BLR 15 846,
Carr v. J. A. Berriman Pty Ltd [1953] 27 ALJ 273
669,
Carter v. Boehm [1766] 3 Burr 1905
Castle Inns (Stirling) Ltd v. Clark Contracts Ltd [2005] ScotCS CSOH 178
760, 839,
CCC Films (London) v. Impact Quadrant Films [1985]
Chamberlain Carpentry & Joinery Ltd v. Alfred McAlpine Construction Ltd
(unreported, 25 March 2002)
Channel Tunnel Group Limited v. Balfour Beatty Construction Limited [1993]
61 BLR 1
Charing Cross Electricity Supply Co. v. Hydraulic Power Co. [1914] 3 KB 772
Charles Rickards Ltd v. Oppenheim [1950]
Chatsworth v. Cussins [1969] 1 All ER 143
Checkpoint Ltd v. Strathclyde Pension Fund [2003] 14 EG 124
Christiani & Nielsen v. The Lowry Centre [2005] Const LJ T7
825,
Church Commissioners v. D & F Estates [1989] A.C. 177
CIB Properties Ltd v. Birse Construction Ltd [2005] BLR 173
834,
City Inn Ltd v. Shepherd Construction Ltd (unreported, 17 July 2001)
City Inn Ltd v. Shepherd Construction Ltd [2003]
City of London Corporation v. Bovis Construction Ltd [1992] 3 All ER 697
489, 596,
Civil Engineering Limited v. Secretary of State for Transport
Clare v. Whittaker & Son Ltd [1976] ICR 1
Clark Contracts Ltd v. The Burrell Co. (Construction Management) Ltd [2002]
S.L.T. 103
Clarke & Sons v. ACT Construction [2002] EWCA Civ 972
661,
Clayton v. Woodman & Sons (Builders) Ltd [1962] 2 All ER 33
Close Invoice Finance Limited v. Belmont Bleaching and Dying Company [2003]
Colbart Ltd v. Kumar [1992]
Collins (Contractors) Ltd v. Baltic Quay Ocean Management (1994) Ltd [2005]
BLR 63
832,
Colls v. Home and Colonial Stores [1904] AC 179
Comsite Projects Ltd v. Andritz AG [2003] EWHC 958
824,
xvi

2007 edition

866
163
895
599
747
848
538
576
837
874
832
861
865
860
761
203
855
660
857
895
599
714
556
864
849
336
835
865
750
631
890
604
841
665
529
679
759
844
596
829

www.constructionlawhandbook.com

Connex South Eastern Ltd v. M J Building Services Group plc [2005]


EWCA Civ 193
653
Connex South Eastern Ltd v. MJ Building Services Group plc [2004] 95
Con LR 43
838
Connex South Eastern Ltd v. MJ Building Services Group plc [2005] BLR 201
838
Connex South Eastern Ltd v. MJ Building Services Group plc [2005] EWCA
Civ 193, [2005] BLR 201
825
Conor Engineering Ltd v. Les Constructions Industrielle de la Mediterranee
[2004] BLR 212
829
Cooperative Insurance Society Limited v. Henry Boot Scotland Limited [2002]
EWHC 1270
642
Costain Civil Engineering Ltd v. Zanen Dredging & Contracting Co [1997] 85
BLR 77
663, 666
Costain International v. Davy McKee (unreported, 25 November 1990)
564
Costain Ltd v. Strathclyde Builders Ltd [2004] S.L.T. 102
839, 860
Countrywide Communications Ltd v. ICL Pathway Ltd [2000] CLC 324
664
Courtney & Fairbairn v. Tolaini Brothers (Hotels) Limited [1975] 1 WLR 297
894
Cowlin Construction Ltd v. CFW Architects [2003] BLR 241
834
CPL Contracting Ltd v. Cadenza Residential [2005] 21 Const LJ T1
851
Crown Estate Commissioners v. John Mowlem & Co Ltd [1994] 70 BLR 1
759
Cutler v. Wandsworth Stadium Limited [1946] AC 398
600
Cygnet Healthcare plc v. Higgins City Ltd [2000] 16 Const LJ 366
850
D & F Estates Ltd v. Church Commissioners [1989] AC 177
578
Daejan Investments Ltd v. Buxton Associates [2004] BLR 223
652
Dalkia Utilities v. Celtech International [2006] EWHC 63
555
David McLean Housing Contractors Ltd v. Swansea Housing Association Ltd
[2002] BLR 125
854, 857
David Michael Lusty v. Finsbury Securities Ltd [1991] 58 BLR 66
847
Davy Oshore Ltd v. Emerald Field Contracting Ltd [1992] 55 BLR 1
714
Dean & Dyball Construction Ltd v. Kenneth Grubb Associates [2003] 100 Con LR 92
834, 860
Deko Scotland Ltd v. Edinburgh Royal Joint Venture and others 2003 SLT 727
856
Delaware Mansions v. Westminster City Council [2001] 3 WLR 1007
592
Diamond v. PJW Enterprises Ltd [2002] Scotcs 340
826, 836, 847, 866
Dimond v. Lovell [1999]
731
Discain Project Services Ltd v. Opecprime Development Ltd [2001] BLR 285
859
Dixons Group plc v. Jan Andrew Murray-Oboynski [1998] 86 BLR 16
886
Donoghue v. Stevenson [1932] AC 562
575
Downsview Nominees v. First City Corp [1993] 3 All ER 626
539
DSND Subsea Ltd v. Petroleum Geo-Services ASA and PGS Oshore
Technology AS [2000]
672, 732
Dunnett v. Railtrack plc [2002] EWCA 2002
896
Easat Antennas Ltd v. Racal Defence Electronics Ltd [2000]
664
East Ham Corporation v. Bernard Sunley [1966]
659
ECM v. Cox
392
Edmund Nuttall Ltd v. RG Carter Ltd [2002] BLR 312
648, 833, 834
Edmund Nuttall v. Sevenoaks District Council (unreported, 14 April 2000)
866
Edwards v. National Coal Board [1949] 1 KB 704
482
Edwards v. Railway Executive [1952] AC 737
603
www.constructionlawhandbook.com

2007 edition

xvii

Egan v. State Transport Authority [1982] 31 SASR 481


562
Elanay Contracts Ltd v. The Vestry [2001] BLR 33
851, 870
Elitestone v. Morris [1997] 2 All 513
562
Ellerine Bros. (Pty.) Ltd v. Klinger [1982] 1 WLR 1375
833
Ellis-Don Ltd v. The Parking Authority of Toronto [1978] 28 BLR 106
775
Emcor Drake & Scull v. Costain Skanska Joint Venture [2004] EWHC 2439
852
Empress Car Company (Abertillery) Ltd v. The National Rivers Authority
[1999] 2 AC 22
619
Emson Eastern Ltd v. E.M.E. Developments Ltd [1991] 55 BLR 114
681
English Industrial Estates Corporation v. Kier Construction Ltd [1991] 56 BLR 93 673
EQ Projects Limited v. Javid Alavi [2006] BLR 130
651
ERDC Group Ltd v. Brunel University [2006]
165, 662, 665, 666, 667
Exports Credits Guarantee Department v. Universal Oil Products Company
[1983] 23 BLR 106
740
Express Medicals Ltd v. Network Rail Infrastructure Ltd
170
F&G Sykes (Wessex) Ltd v. Fine Fare Ltd [1967] 1 Lloyds Rep. 53
835
Fairclough Building Limited v. Port Talbot BC
128
Fairclough Building v. Rhuddlan Borough Council [1985] 30 BLR 26
781
Faithful and Gould Ltd v. Arcal Ltd and others (unreported, 25 May 2001)
848
Farebrother Building Services Ltd v. Frogmore Investments Ltd
(unreported, 20 April 2001)
853, 869
Farley v. Housing and Commercial Developments [1984] 26 BLR 66
545
Fastrack Contractors Ltd v. Morrison Construction Ltd and another [2000]
BLR 168, [2000] 75 Con LR 33
849, 853
Fence Gate Ltd v. James R Knowles Ltd (unreported, 31 May 2001)
826
Ferguson v. Welsh [1987] 3 All ER 777
528, 602
Fernbrook Trading Co. Ltd v. Taggart (1979)
717
Ferson Contractors Ltd v. Levolux AT Ltd [2003] BLR 118
553, 843, 866
Field v. Leeds City Council
847
Fillite (Runcorn) Ltd v. Aqua-Lift [1989] 45 BLR 27
836
Floods of Queensferry Ltd v. Shand Construction Ltd [1999] TCC BLR 319
655
Fox v. PG Wellfair Ltd [1981] 2 Lloyds Rep 514
863
Fraser v. Oystertec [2004] BCC 233
552
G. Percy Trentham v. Architral Luxfer [1993] 1 LR 25
451
Galliford (UK) Ltd Trading as Galliford Northern v. Markel Capital Ltd
(unreported, 12 May 2003)
823
Galliford Try Construction Ltd v. Michael Heal Associates Ltd [2004] 99 Con LR 19
827
Galoo Limited v. Bright Grahame Murray [1995] 1 All Eng 16
737
Garmac Grain Co. v. Faire and Fairclough [1968]
731
George Parke v. The Fenton Gretton Partnership [2001] CILL 1712
543, 869
Gericevich v. Sabemo [1984] 9 ACLR 452
549
Gibson Lea Retail Interiors Ltd v. MAKRO Self-Service Wholesalers Ltd [2001]
BLR 407
827
Gibson v. Imperial Homes (unreported, 18 June 2002)
826
Gilbert-Ash (Northern) Limited v. Modern Engineering (Bristol) Limited [1974]
AC 689
756, 780
Gillingham BC v. Medway (Chatham) Dock Ltd [1993] QB 343
595
GLC v. Cleveland Bridge Engineering Company Limited [1984] 34 BLR 50
670, 671
xviii

2007 edition

www.constructionlawhandbook.com

Glencot Development and Design Co. Ltd v. Ben Barrett & Son (Contractors)
Ltd [2001] BLR 207
654, 823, 861,
Glenlion Construction Ltd v. Guinness Trust [1987] 39 BLR 89
671, 721,
Glossop v. Heston & Isleworth Local Board [1879] 12 ChD 102
Gold v. Patman and Fotheringham
Great Eastern Hotel Company Ltd v. John Laing Construction Ltd [2005]
EWHC 181
Greaves & Co. (Contractors) Ltd v. Baynham Meikle [1975] 3 All ER 99
Grin and Tomlinson v. Midas Homes Ltd [2000] 78 Con LR 121 833, 838, 846,
Grovedeck Ltd v. Capital Demolition Ltd [2000] BLR 181
829,
Guardi Shoes Ltd v. Datum Contracts (unreported, 28 October 2002, Ferris, J)
H Fairweather and Co Ltd v. London Borough of Wandsworth [1987] 39 BLR 106
H.W. Nevill (Sunblest) Ltd v. William Press & Son Ltd [1981] 20 BLR 83
H.W. Neville (Sunblest) Ltd v. William Press and Son Ltd [1981] 20 BLR 78
Hadley v. Baxendale [1854]
739,
Halesowen Presswork v. National Westminster Bank [1972] AC 785
Halifax Financial Services Limited v. Intuitive Systems Limited [1999]
CILL 1467
Halki Shipping Corpn. v. Sopex Oils Ltd [1998] 2 All ER 23
824,
Hall v. Beckenham Corp. [1949] 1 KB 716
Halls v. ODell [1992] 2 WLR 308
Halsey v. Milton Keynes General NHS Trust [2004] EWCA Civ 576
652, 874,
Hampton v. Toxteth Co-operative Provident Society Ltd [1915] 1 Ch 721
Hargreaves v. Action 2000 [1993] BCLC 1111
Harlow & Milner Ltd v. Teasdale [2006] EWHC 1708
Harmon CFEM Facades (UK) Ltd v. The Corporate Ocer of the
House of Commons [1999] All ER(D) 1178
64,
Harper v. Haden & Sons [1933] Ch. 298 at 308
590,
Harrington v. Co Partnership [1998] 88 BLR 44
Harrop v. Thompson and other [1975]
Harvey Shoptters Ltd v. ADI Ltd [2004] 2 All ER 982
Hassneh Insurance v. Mew [1993] 2 Lloyds Rep. 243
Havant Borough Council v. South Coast Shipping Company Ltd [1996] CILL 1146
Hayter v. Nelson [1990] 2 Lloyds Rep. 265
Henderson v. Merrett Syndicates Ltd [1995] 2 AC 145
Henderson v. Merrett [1994] 3 All ER 506
Henderson v. Merrett [1994] 3 WLR 761
Henry Boot Construction (UK) Ltd v. Malmaiston Hotel (Manchester) Ltd
[1999] 70 ConLR 32
Henry Boot Construction Ltd v. Alstom Combined Cycles Ltd [2005] EWCA
Civ 814
Henry Boot v. The Croydon Hotel [1985] 36 BLR 41
Herschel Engineering Ltd v. Breen Property Ltd [2000] BLR 272
838,
Herschell Engineering Ltd v. Breen Property Ltd (unreported, 28 July 2000)
Heskell v. Continental Express Limited [1995] 1 All Eng 1033
Heyman and another v. Darwins Ltd [1942] AC 356
Hickman v. Roberts [1913]
Hills Electrical and Mechanical plc v. Dawn Construction Ltd [2003] ScotCS 107
www.constructionlawhandbook.com

2007 edition

869
778
597
207
737
215
850
857
869
736
775
681
765
545
448
834
592
551
896
201
547
868
128
591
571
169
831
808
673
895
580
578
582
736
758
570
868
868
737
836
768
840
xix

HM Attorney General for the Falkland Islands v. Gordon Forbes Construction


(Falklands) Limited [2003] BLR 280
Hoenig v. Isaacs [1952] 2 All ER 176
Holland Hannon Cubitts (Northern) Ltd v. Welsh Health Technical Services
Organisation [1981]
Holland v. Hodgson [1872] LR 7 CP 328
Holmes v. Wilson [1839] 10 A & E 50
Holt Insulation Ltd v. Colt International Ltd (unreported, 2 February 2001)
Home and Overseas Insurance Co. Ltd v. Mentor Insurance Co. (UK) Ltd
[1990] 1 WLR 153
Homer Burgess Ltd v. Chirex (Annan) Ltd [2000] BLR 124
828,
Hosking v. de Havilland Aircraft Ltd [1949] 1 WLR 540
Hounslow v. Twickenham Garden Developments [1970] 7 BLR 89
Hsin Chong v. Yaton Realty [1986] 40 BLR 119
Hubbard v. Pitt [1976] QB 142
Hunter v. Canary Wharf [1997] 2 WLR 684
591, 592,
IBA v. EMI [1980]
ICS Ltd v. West Bromwich BS [1998] 1 WLR 912
IDE Contracting Ltd v. RG Carter Cambridge Ltd [2004] BLR 172
Impresa Castelli SpA v. Cola Holdings Limited [2002]
Inserco Ltd v. Honeywell Control Systems [1996]
Interfoto v. Stilletto Visual Programmes [1989] 1 QB 433
Interserve Industrial Services Ltd v. Cleveland Bridge UK Ltd [2006] EWHC 741
J. and J. Fee Ltd v. The Express Lift Company Ltd [1993] 34 ConLR 147
J. F. Finnegan Ltd v. Sheeld City Council [1988] 43 BLR 130
J. Jarvis and Sons v. Westminster Corporation [1978] 7 BLR 64
J. Sainsbury plc v. Broadway Malyan [1999] 61 ConLR 31
Jeancharm Limited v. Barnet Football Club Limited [2003] EWCA Civ 58
744, 746,
Jerome Engineering Ltd v. Lloyd Electrical Services Ltd
(unreported, 23 November 2001)
Jobling v. Associated Dairies [1982] AC 794
John Barker Construction Ltd v. London Portman Hotel Ltd [1996] 83 BLR 35
717, 722,
John Cothli Ltd v. Allen Build (NW) Ltd [1999] CILL 1530
855,
John Doyle Construction Ltd v. Laing Management (Scotland) Ltd [2002]
John Doyle Construction Ltd v. Laing Management Ltd [2004]
737, 738,
John Holland Construction v. Kvaerner R. J. Brown [1996] 82 BLR 83
John Mowlem & Co. plc v. Eagle Star Insurance Co. Ltd
John Mowlem & Company plc v. Hydra-Tight Ltd [2000]
653,
John Mowlem & Co. plc v. Hydra-Tight & Co. plc [2001] 17 CLJ 358
825, 837, 838, 850, 854, 888,
John Roberts Architects Ltd v. Parkcare Homes (No. 2) Ltd [2006] BLR 106 855,
Johnson v. Agnew [1980] AC 367, 400(h)401(b)
Joinery Plus Ltd (In Administration) v. Laing Ltd [2003] BLR 184
538,
Jolley v. Sutton LBC [2000] 1 WLR 1082
Jones v. North [1975]
Joseph Finney plc v. Vickers and Vickers (unreported, 7 March 2001)
JT Mackley & Co. Ltd v. Gosport Marina Ltd [2002] BLR 367
656,
xx

2007 edition

649
680
716
562
606
852
895
853
531
670
571
590
595
180
454
845
776
714
449
867
713
672
681
781
748
838
583
778
863
763
770
763
768
657
889
856
465
849
603
169
851
824

www.constructionlawhandbook.com

Junior Books Ltd v. Veitchi Co. Ltd [1983] A.C. 520


336, 578
Kabushiki Kaisha Sony Computer Entertainment v. Gaynor David Ball &
Others [2004] EWHC 1984
650
Karl Construction (Scotland) Ltd v. Sweeney Civil Engineering (Scotland) Ltd
[2002] 85 Con LR 59
837
Khorasandjian v. Bush [1993] QB 727
592
Kier Regional Ltd v. City & General (Holborn) Ltd [2006] EWHC 848
860
Kinstreet v. Balmargo CH 1994, 2999
896
Kitson Sheet Metal Ltd v. Matthew Hall Mechanical and Electrical
Engineers Ltd [1989] 47 BLR 82
673, 775
KNS Industrial Services (Birmingham) Ltd v. Sindall Ltd [2000] 75
Con LR 71
837, 841, 869
L. B. Merton v. Stanley Hugh Leach, Wharf Properties Ltd v.
Eric Cumine Associates
763
L/M International v. The Circle [1995] 48 Con LR 12
551
Lafarge (Aggregates) Ltd v. Newham London Borough Council [2005] EWHC 1337
839
Laing and Morrison Knudson v. Aegon Insurance [1997] 86 BLR 70
552, 555
Laserbore Ltd v. Morrison Biggs Wall Ltd [1992]
665
Lathom Construction Ltd v. Cross [1999] CILL 1568
851
Lawson v. Serco
381
Lester Williams v. Roey Brothers & Nicholls (Contractors) Ltd [1989] 48
BLR 69
724
Lipe v. Leyland DAF [1993] BCC 385
563
Locabail v. Bayeld [2000] QB 415
861
London & Amsterdam Properties Ltd v. Waterman Partnership Ltd [2004]
BLR 179
847
London & Amsterdam Properties Ltd v. Waterman Partnership Ltd [2005]
BLR 179
834
London & Amsterdam Properties Ltd v. Waterman Partnership [2003] EWHC
(TCC) 3059, [2003] 94 Con LR 154
834
London Borough of Merton v. Leach [1988] 32 BLR 51
775
London Underground Ltd v. Kenchington Ford plc [1998] QBD 63 ConLR 1
781
Lonrho Limited v. Shell Petroleum Limited [1981] 2 AER 456
600
Lordvale Finance plc v. Bank of Zambia [1996] QB 752
744
Lovell Construction v. Independent Estates [1994] 1 BCLC 31
551, 565, 566, 567
Lovell Projects Ltd v. Legg and Carver [2003] BLR 452
832, 834
LPL Electrical Services Ltd v. Kershaw Electrical Services Ltd
(unreported, 2 February 2001)
838
LRE Engineering Services Ltd v. Otto Simon Carves Ltd [1981] 24 BLR 131
773
Lubenham Fidelities v. South Pembrokeshire District Council [1986] 33 BLR 39
844
Lubenham v. South Pembrokeshire District Council [1986] 33 BLR 46
768
Lumbermans Mutual Casualty Co. v. Bovis Lend Lease Ltd [2004] AER 36
206
M Rohde Construction v. Nicholas Markham-David [2006] EWHC 814
839
MacJordan Construction v. Brookmount Erostin [1992] 56 BLR 1
549, 569
Macob Civil Engineering Ltd v. Morrison Construction Ltd [1999] BLR 93
848, 859, 866, 867, 869
Malgar Ltd v. R.E. Leach (Engineering) Ltd [2000]
650
Malone v. Laskey [1907] 2 KB 141
592
www.constructionlawhandbook.com

2007 edition

xxi

Mannai Investment Co. Ltd v. Eagle Star Life Assurance Co. Ltd [1997] AC 749
454, 455
Marcic v. Thames Water Utilities [2002] 2 WLR 932
597
Marcic v. Thames Water Utilities [2004] 2 AC 42
593, 598
Mark Rowlands Ltd v. Berni Inns Ltd [1986] 1 QB 211 (CA)
205
Markos v. Goodfellow and others [2002] EWCA Civ 1542
866
Marshalls Clay v. Cauleld and Ors
397
Martin Grant and Co. Ltd v. Sir Lindsay Parkinson and Co. Ltd [1984]
674
Matthew Hall Ortech Limited v. Tarmac Roadstone Limited [1997]
759
Maxi Construction Management Ltd v. Mortons Rolls Ltd [2001] ScotCS 199
840
Mayer Parry Recycling v. The Environment Agency (High Court, 9 November 1995)
615
Mayeld Holdings Ltd v. Moona Reef Ltd [1973] INZLR 309
776
Maymac Environmental Services Ltd v. Faraday Building Services Ltd [2000] 75
Con LR 101
849
McAlpine PPS Pipeline Systems v. Transco [2004] BLR 352
837
McArdle v. Andmac Roong Co. [1967] 1 All ER 583
528
McGlinn v. Waltham Contractors Limited [2005] BLR 432
653
McHale v. Watson [1966] 115 CLR 866
580
McLaren Murdoch & Hamilton Ltd v. The Abercromby Motor Group Ltd [2002]
659
Medical Defence Union v. Department of Trade [1979] 2 All ER 421
201
Melville Dundas Ltd v. George Wimpey Ltd and another [2005] ScotCS CSIH 88 843
Merrett v. Babb
365
Mertens v. Home Freeholds Co [1921]
659
Michael John Construction Ltd v. Golledge and others [2006] EWHC 71
831, 868
Midland Expressway Ltd v. Carillion Construction Ltd (No. 1) [2005] EWHC 2963
825
Midland Land Reclamation Ltd v. Warren Energy Ltd [1997]
733
Milburn Services Limited v. United Trading Group (UK) Limited [1995] 52
ConLR 130
775
Millers Specialist Joinery Co. Ltd v. Nobles Construction Co. Ltd
(unreported, 13 August 2001)
842
Minster Trust Ltd v. Traps Tractors Ltd [1954]
768, 780
Minter v. WHTSO [1981] 13 BLR 1
764
Mitsui Babcock Energy Services Ltd 2001 S.L.T. 1158
829
Modern Structural (Scotland) Plastics v. Tayloroof
(unreported, 3 December 1990)
563
Money Markets v. Stock Exchange [2002] 1 WLR 1150
552
Monk Building and Civil Engineering Ltd v. Norwich Union Life Assurance
Society (CA) (1993)
662
Monk Construction Limited v. Norwich Union Life Assurance Society
163
Monmouthshire County Council v. Costelloe & Kemple Limited [1965] 5 BLR 83
808, 833, 884, 888
Moores v. Yakeley Associates (Court of Appeal 1999)
306
Motherwell Bridge Construction Limited v. Mical Vakuumtecchnik [2002]
TCC 81 ConLR 44
723, 732, 736, 766
Mowlem plc (T/A Mowlem Marine) v. Stena Line Ports Ltd
164
Mowlem plc v. PHI Group Limited [2004]
662
Mowlem plc v. Stena Line Ports Limited [2004] EWHC 2206
661, 663
xxii

2007 edition

www.constructionlawhandbook.com

Mullan v. Ross [1996] 86 BLR 1


Murphy v. Brentwood District Council [1990] 3 WLR
Murphy v. Brentwood District Council [1991] 1 AC 398
576, 577, 578,
National Coal Board v. Wm Neill & Son (St Helens) Ltd [1984] 1 All ER 555
National Westminster Bank v. Spectrum Plus Ltd [2005] 2 AC 680
Naylor v. Greenacres Curling Ltd [2001] ScotCS 163
Nema [1980] 2 Lloyds Rep 83, 339
Nolan Davis Ltd v. Steven P Catton (unreported, 22 February 2000)
Nordot Engineering Services Ltd v. Siemens plc (unreported, 14 April 2001)
North Sea Ventilation Limited v. Consafe Engineering (UK) Limited [2004]
Northern Developments (Cumbria) Ltd v. J&J Nichol [2000] BLR 158
836, 843, 854, 855, 858,
Northern Regional Health Authority v. Crouch [1984] QB 644
Nottingham Community Housing Association Ltd v. Powerminster Ltd [2000]
BLR 309
Nye Saunders & Partners v. Alan E Bristow [1997] 37 BLR 92
Nykredit Mortgage Bank Plc v. Edward Erdman Group Ltd
Oakley and another v. Airclear Environmental Ltd and another
(unreported, 4 October 2001)
Oldschool v. Gleeson (Contractors) Ltd and Anor [1976] 4 BLR 103
Orange EBS v. ABB Ltd [2003] BLR 323
Orion Finance v. Crown Financial Management [1994] 2 BCLC 607
Outwing Construction Ltd v. H Randell and Son Ltd [1999] BLR 156
Oxford University Fixed Assets Limited v. Architects Design Partnership [1999]
Oxford University Press v. John Stedman Design Group [1990]
Palmac Contracting Ltd v. Park Lane Estates Ltd [2005] BLR 301
Palmers Ltd v. ABB Power Construction Ltd [1999] BLR 426
828, 843, 845,
Panamena Europea Navigacon Compania Limitada v. Frederick Leyland & Co. Ltd
[1947]
715, 758,
Pantland Hick v. Raymond & Reid [1893]
669,
Paragon Finance v. Nash [2002] 1 WLR 594 CA
Parkinson and Co v. Commissioners of Works [1949] 2 KB 632
Parsons Plastics (Research and Development) Ltd v. Purac [2002] BLR 334 842,
Paul Thomas Construction Limited v. Damian Hyland and Jackie Power [2000]
Peak Construction (Liverpool) Ltd v. McKinney Foundations Ltd [1976] 1
BLR 114
Pegram Shoptters Ltd v. Tally Weijl (UK) Ltd [2003] BLR 296
Penvidic Contracting Co. Ltd v. International Nickel Co. of Canada Ltd [1975]
53 DLR 748
Penwith District Council v. VP Developments Ltd [1999] EWHC 231
758,
Perar v. General Surety [1994] 66 BLR 72
Perar v. General Surety [1994] 67 BLR 72
Percy Bilton Ltd v. Greater London Council [1982] 20 BLR 1
Performance Cars v. Abraham [1962] 1 QB 33
Perini Corporation v. Commonwealth of Australia [1969] 12 BLR 82
717,
Perini Corporation v. Commonwealth of Australia [1969] 2 NSWLR 530
Petrona (UK) Ltd v. Magnaload Ltd [1983] 2 Lloyds Rep 91
Phelps v. Hillingdon LBC [2000] 3 WLR 776
Philips Hong Kong Ltd v. The Attorney General of Hong Kong [1993]
www.constructionlawhandbook.com

2007 edition

552
336
579
780
539
850
815
853
849
747
863
818
827
581
585
826
530
834
540
869
781
773
845
853
768
715
449
663
843
651
714
826
775
759
552
564
714
582
769
716
202
601
739
xxiii

Philips Products Ltd v. Hyland [1987] 1 WLR 659


Philips v. The Attorney General of Hong Kong [1993] 61 BLR 41
Phillips v. Brewin Dolphin [2001] 1 WLR 143
Photo Productions Ltd v. Securicor Transport Ltd [1980] 1 All ER 556
Picardi v. Cuniberti [2003] BLR 487
Pigott Foundations Ltd v. Shepherd Construction Ltd [1993] 67 BLR 48
670,
Pilkington UK Limited v. CGU Insurance plc [2004] EWHC Civ 23
Pioneer Shipping Limited v. BTP Tioxide Ltd The Nema [1982] AC 724
Pirelli General Cable Works v. Oscar Faber and Partners [1983] 2 AC 1
Porter v. Magill [2002] 2 AC 357
Pratt Contractors Limited v. Transit New Zealand
Prentice Island Ltd v. Castle Contracting Ltd [2003] ScotSC 61
President of India v. Lips Maritime Corp [1988]
Prestige v. Brettell [1938] 4 All ER 346
Pring & St Hill v. CJ Hafner [2004] 20 Const LJ 402
857,
Prudential Insurance Co. v. IRC [1904] 2 KB 658
Quality Street Properties (Trading) Ltd v. Elmwood (Glasgow) Ltd [2002]
CILL 1922
838, 850,
Quieteld Ltd v. Vascroft Contractors Ltd [2006] EWHC 174
Quin v. Burch Brothers (Builders) Limited [1968] 2 All Eng 283
R Durtnell & Sons Ltd v. Kaduna Ltd [2003] BLR 225
R G Carter Ltd v. Edmund Nuttall Ltd [2000]
R G Carter Ltd v. Edmund Nuttall Ltd (unreported, 21 June 2001)
R. v. Associated Octel Petroleum Co. Ltd [1996] 4 All ER 846
484, 487, 488,
R. v. Boal [1992] 3 All ER 177
R. v. Board of Trustees of the Science Museum [1993] 3 All ER 853
484,
R. v. F Howe & Son [1999] 2 All ER 249
R. v. Kenchington Little plc (Court of Appeal, 17.2.93 (unreported))
R. v. Shoreditch Assessment Committee [1910] 2 KB 859
R. v. Swan Hunter Shipbuilders Ltd [1981] ICR 831
483, 488,
Radain Bank v. Saipem (unreported, 2 March 1994)
Rainford House Ltd (in administrative receivership) v. Cadogan Ltd [2001]
BLR 416
547,
Rapid Building Group Ltd v. Ealing Family Housing Association [1985] 29 BLR 5
Rayack Construction v. Lampeter Meat [1979] 12 BLR 30
Re a Company (No. 1299 of 2001) (unreported, 15 May 2001)
842,
Re Agra Bank, ex parte Tondeur [1867] LR 5 Eq 160
Re Arthur Sanders [1981] 17 BLR 125
Re Atlantic Computers [1992] 1 All ER 476
Re Ayala Holdings [1993] BCLC 256
Re Ayerst v. C&K (Construction) Limited [1976] AC 167
Re Cosslett Contractors [1997] 4 All ER 117
Re DKG Contractors [1990] BCC 903
548, 549,
Re Flint [1993] Ch 319
551,
Re Harrison, ex parte Jay [1880] 14 Ch D 19
Re Jartay Developments [1982] 22 BLR 134
Re Keen & Keen, ex parte Collins [1902] 1 KB 555
Re Medicaments and Related Classes of Goods (No. 2) [2001] 1 WLR 700
Re Niagara Mechanical Services International [2000] 2 BCLC 425
xxiv

2007 edition

531
746
550
836
831
673
206
448
589
861
126
854
765
758
862
200
851
852
737
835
653
897
489
479
490
476
489
853
489
566
868
714
568
844
552
570
538
550
569
563
550
569
552
569
563
861
567

www.constructionlawhandbook.com

Re Produce Marketing [1989] 5 BCC 569


Re Right Time Construction [1990] 52 BLR 117
Re Tain Construction [2003] 2 BCLC 374
Re Taylors Industrial Flooring [1990] BCC 44
Re Tout and Finch [1954] 1 All ER 127
Re Turner Corporation [1995] 17 ACSR 761
Re United Railways [1960] 1 Ch 52 at 85
Re William Thorpe [1989] 5 BCC 156
Re Yorkshire Woolcombers [1903] 2 Ch 284
Read v. J. Lyons & Co. Ltd [1947] AC 156
Redworth Construction Ltd v. Brookdale Healthcare Ltd [2006] EWHC 1994
Reed v. Van der Vorm 33 BLR 140 [1985]
Rees & Kirby v. Swansea City Council [1986] 30 BLR 1
Reeves v. Barlow [1884] 12 QBD 436
Regalian Properties plc v. London Docklands Development Corporation
Rentokil Ailsa Environmental Ltd v. Eastend Civil Engineering Ltd
(unreported, 31 March 1999)
RG Carter Ltd v. Edmund Nuttall Ltd (unreported, 21 June 2000)
RG Carter Ltd v. Edmund Nuttall Ltd [2002] BLR 359
Rhodia Chirex Ltd v. Laker Vent Engineering Ltd [2003] 20 Const LJ 155
Rice v. Great Yarmouth Borough Council [2003] TCLR 1
Ritchie Brothers (PWC) Ltd v. David Philp Commercial Ltd [2005] BLR 384
RJT Consulting Engineers Ltd v. DM Engineering (NI) Ltd [2002] BLR 217 830,
RMC Roadstone Products Ltd v. Jester [1994] ICR 456
Roberts Petroleum v. Kenny [1983] 2 AC 192
Robertson Group (Construction) Limited v. Amey-Miller (Edingburgh) Joint
Venture [2005] CSIH89
Robertson v. French [1803] 4 East 130
Robinson v. Harman [1848] 1 Exch 850, 855
Robinson v. Kilvert [1889] 41 ChD 88
Robophone Facilities Limited v. Blank [1966] 1 WLR 1428
Robophone Facilities Ltd v. Blank [1966] 3 All ER 128
739,
Rother Iron v. Canterbury Precision Engineers [1974] QB 1
Rouse v. Bradford Banking [1894] 2 Ch 32
Roxley Electronics and Construction Ltd v. Forsyth [1996]
Royal Brompton NHS Trust v. Hammond [2002] 1 WLR 1397
RSL (South West) Ltd v. Stansell (unreported, 16 June 2003)
859, 860,
Rupert Morgan Building Services (LLC) Ltd v. David Jervis and
Harriett Jervis [2004] BLR 18
Ruttle Plant Hire Ltd v. Secretary of State for the Environment, Food and
Rural Aairs [2004] EWHC 2152
Rylands v. Fletcher
598, 599,
S & W Process Engineering Ltd v. Cauldron Foods Ltd [2005] EWHC 153
661,
Samuel Payne v. John Setchell Ltd [2002] BLR 489
Samuel Thomas Construction v. J&B Developments (unreported, 28 January 2000)
Sanjay Lachhani v. Destination Canada (UK) Ltd [1997]
666,
Sansom and another v. Metcalfe Hambleton & Co. [1998] 26 EG 154
Scarf v. Jardine [1882] 7 App Cas 345
Schott Kem v. Bentley [1990] 3 All ER 850

828
600
663
579
831
667
847
556
551

www.constructionlawhandbook.com

xxv

2007 edition

548
551
551
535
568
540
556
541
539
600
830
768
764
563
166
866
825
861
849
464
839
847
487
569
666
456
465
594
739
748
546
556
659
587
864
841

Schuler v. Wickham Machine Tool Sales [1974] AC 235


Scott v. Avery [1856] 5 HLC 811
Scottish & Newcastle plc v. GD Construction (St Albans) Limited [2003]
EWCA Civ 16
Scottish Power plc v. Kvaerner Ltd [1998]
Scottish Special Housing Association v. Wimpey Construction UK Limited
Sedleigh-Deneld v. OCallaghan [1940] AC 880
Serck Controls Ltd v. Drake & Scull Engineering Ltd [2000] 73 Con LR 100
661, 666, 667,
Shawton Engineering Ltd v. DGP International Limited [2005] EWCA Civ 1359
Shepherd Construction Ltd v. Mecright [2000] BLR 489
836, 837,
Sherwood & Casson Ltd v. MacKenzie Engineering Ltd
(unreported, 30 November 1999)
852,
Shimizu Europe Ltd v. Automajor Ltd [2002] BLR 113
857,
Shimizu Europe Ltd v. LBJ Fabrications Ltd [2003] BLR 381
Shirayama v. Danovo [2003] EWHC 3006
Simms v. Leigh Rugby Football Club [1969] 2 AER 923
Simons Construction Ltd v. Aardvark Developments Ltd [2004] BLR 117
Sindall Ltd v. Solland and others [2001] 80 Con LR 152
833,
Skanska Construction UK Ltd v. ERDC and another [2002] ScotCS 307
Skanska Rasleigh Weatherfoil v. Somereld Stores Limited
Skanska UK Construction Limited v. Egger (Barony) Limited [2005] EWHC 284
SL Timber Systems Ltd v. Carillion Construction Ltd [2001] BLR 516
840, 841, 844, 866,
Smith New Court Ltd v. Scrimgcour Vickers [1996] 3 WLR 1051, 1059 (gh)
Smith v. Bridgend County Borough Council [2002] BLR 160
551,
Smith v. Martin [1925] 1 KB 745
Solland International v. Daraydan Holdings (unreported, 15 February 2002)
South Australia Asset Management v. York Montague Limited [1997] AC 191
Spartan Steel and Alloys Ltd v. Martin & Co. Ltd [1973] QB 27
Specialist Ceiling Services Northern Ltd v. ZVI Construction (UK) Ltd [2004]
BLR 403
St Andrews Bay Development v. HBG Management and another [2003]
CILL 2016
856,
St Helens Smelting Co. Ltd v. Tipping [1862] 11 HL Cas 642; 11 ER 1483
Staveley Industries plc v. Odebrecht Oil & Gas Services Ltd
(unreported, 28 February 2001)
Stein v. Blake [1996] AC 243
Stephen Donald Architects Limited v. Christopher King [2003] EWHC 1867
Stiell Ltd v. Riema Controls (unreported, 23 June 2000)
839,
Stokes Pension fund v. Western Power Distribution [2005] BLR 497
Storey v. Charles Church Developments Ltd [1996] 12 Const LJ 206
Stovin v. Wise [1996] AC 923
Strathmore Building Services Ltd v. Colin Scott Greig [2000] ScotCS 133
Stubbs Rich Architects v. WH Tolly & Son Co. Ltd (unreported, Bristol County
Court, 8 August 2001)
Sturges v. Bridgeman [1879] 11 ChD 852
Sumpter v. Hedges (1898)
Susan Dunnett v. Railtrack plc [2002]
xxvi

2007 edition

456
894
206
674
206
596
670
716
851
853
866
842
896
604
839
865
852
166
650
868
465
563
853
857
583
577
862
862
594
827
545
665
851
651
579
580
843
855
597
679
652

www.constructionlawhandbook.com

Symington & Co. v. Union Insurance of Canton Limited [1928] 45 TLR 181
T.A. Bickerton & Son Ltd v. North West Metropolitan Regional Hospital Board
(1969)
Tara Civil Engineering Ltd v. Mooreld Developments Ltd [1989] 46 BLR 74
Tate & Lyle v. Greater London Council [1983] 2 AC 509
Taylor v. Brown [1839]
Temloc Ltd v. Errill Properties Ltd [1987] 39 BLR 34
717,
Temloc v. Errill Properties Ltd [1987] 39 BLR 30
Tennant Radiant Heat Ltd v. Warrington Development Corporation [1988]
1 EGLR 41
Terrell v. Mabie Todd and Co. [1952]
Tesco Stores Ltd v. Costain Construction Ltd [2003] EWHC 1487
164,
Tesco v. The Norman Hitchcox Partnership [1997] 56 ConLR 42
Thakrav v. Ciro Citterio Menswear plc [2002] EWHC 1975
877,
The Atlas Ceiling & Partition Co. Ltd v. Crowngate Estates (Cheltenham) Ltd
[2000] 18 Const LJ 49
The Construction Centre Group Ltd v. The Highland Council [2002] BLR 476 656,
The Construction Centre Group Ltd v. The Highland Council [2003] ScotCS 114
The Epaphus [1987] 2 UR 213
The London Borough of Hounslow v. Twickenham Gardens Development [1970]
78 BLR 89
The Mayor and Burgesses of the London Borough of Lambeth v. Floyd Slaski
Partnership and Mastrandrea (unreported, 2 November 2001)
838,
The Project Consultancy Group v. The Trustees of the Gray Trust [1999]
BLR 377
848,
The Queen in Rights of Canada v. Walter Cabbott Construction Ltd [1975] 21
BLR 26
The Royal Brompton Hospital NHS Trust v. Watkins Gray International
(Dec 2000)
The Rugby Group Ltd v. Proforce Recruit Ltd
The Tychy (No. 2) [2001] 2 Lloyds Rep 403
Thomas-Fredrics (Construction) Ltd v. Keith Wilson [2004] BLR 23
830,
Thompson v. Alexander & Partners [1992] 59 BLR 81
Thompson v. T Lohan (Plant Hire) Ltd [1987] 2 All ER 631
Thompson-Schwab v. Costakis [1956] 1 WLR 325, 335
591,
Thorne v. London Corp [1876] 1 Ap. Cas. 120
Tim Butler Contractors Ltd v. Merewood Homes Ltd [2000] 18 Const LJ 74
Tito v. Waddell (No. 2) [1977] Ch 106
Tong Tien See Construction v. Tong [2002] 3 SLR 76
Top Shop Estate Ltd v. Danino [1985] 1 EGLR 9
Total M & E Services Ltd v. ABB Building Technologies Ltd [2003] 87 Con LR
830, 856,
Trimis v. Mina [2000] 2TCLR 346
Tripp v. Armitage [1839] 4 M&W 687
Trustees of the Strateld Saye Estate v. AHL Construction Ltd [2004]
EWHC 3286
761,
Try Construction Ltd v. Eton Town House Group [2003] BLR 286
Tunnel Reneries v. Brya Donkin [1998] CILL 1392
Turi Construction Ltd v. Regalia Knitting Mills Ltd [1971]
161, 661,

830
859
578
662

www.constructionlawhandbook.com

xxvii

2007 edition

204
761
776
598
714
749
740
738
733
579
578
879
825
842
842
456
775
846
849
775
736
167
556
849
605
531
594
663
850
556
548
863
868
661
562

Turner v. Watkins (TCC, 9 November 2001)


UCA France v. Fisher Foods [2003] BPIR 299
United Bank of Kuwait Plc v. Prudential Property Services Limited
United Co-operatives Ltd v. Sun Alliance & London Assurance Co. Ltd [1987]
1 EGLR 126
Universal Music Operations Ltd v. Flairnote Ltd and others
(unreported, 24 August 2000)
Verry v. London Borough of Camden (unreported, 20 March 2006)
VHE Construction plc v. RBSTB Trust Co. Ltd [2000] BLR 187
840, 842, 843, 851, 865,
Victoria Laundry (Windsor) Ltd. v. Newman Industries Ltd [1949]
Voscroft (Contractors) Ltd v. Seeboard plc [1996] 78 BLR 132
W Lamb Ltd v. J Jarvis & Sons plc [1998]
W&J Leigh v. CBI Nederland, 20 June 1985
Wadsworth v. Lydall [1991]
Warner v. Basildon [1990] Constr LJ 46
Wates Construction v. Franthom [1991] 53 BLR 23
Watkin Jones & Son v. Lidl UK GmbH [2002] 85 Con LR 155
Watkin Jones & Son v. Lidl UK GmbH (unreported, Cardi TCC)
Watson Building Services Ltd v. Graham Harrison and Miller (Preservation) Ltd
(unreported, 13 March 2001)
849, 850,
Wells v. Army and Navy Co-operative Society Ltd [1902]
West Faulkner Associates v. The London Borough of Newham [1992] 71 BLR 6
West Wake Price & Co v. Ching [1956] 3 All ER 821
Westminster Building Co. Ltd v. Andrew Beckingham [2004] BLR 265
832,
Westminster City Council v. Reema Construction (No. 2) [1990] 24 Con LR 26
Wharf Properties Ltd v. Eric Cumine Associates
Wheat v. Lacon [1966] AC 552
Wheeler v. Saunders [1996] Ch. 19
Wheelton v. Hardisty [1857] 8 ExB 232 (Exch Ch)
White and Carter (Councils) Ltd v. McGregor [1962]
White v. Blackmore [1972] 2 QB 651
White v. Jones [1995] 2 AC 507
Whiteways Contractors (Sussex) Ltd v. Impresa Castelli Construction UK
Ltd [2000] 75 Con LR 92
841,
William Cory & Son Ltd v. Wingate Investment (London Colney) Ltd [1980] 17
BLR 104
William Verry (Glazing Systems) v. Furlong Homes Ltd [2005] EWHC 138 834,
William Verry Ltd v. North West London Communal Mikvah [2004]
BLR 308
838, 846,
Willment v. North West Thames RHA [1984] 26 BLR 51, 62
Wilsher v. Essex AHA [1988] AC 1074
Wiltshier Construction (South) Limited v. Parkers Developments Limited
Wimbledon Construction Co. 2000 v. Derek Vago [2005] BLR 374
Wimpey Construction (UK) Ltd v. Poole [1984] 2 Lloyds Rep 499
Woods Hardwick Ltd v. Chiltern Air Conditioning Ltd [2001] BLR 23
841,
Woollerton & Wilson Ltd v. Richard Costain Ltd [1970] 1 WLR 411
Workplace Technologies plc v. E Squared Ltd and another
(unreported, 16 February 2000)
xxviii

2007 edition

577
563
585
854
827
868
867
739
682
738
558
765
578
570
852
834
866
714
670
648
851
556
763
602
595
204
731
604
579
853
659
835
868
545
582
776
868
215
859
607
850

www.constructionlawhandbook.com

Wringe v. Cohen [1940] 1 KB 229


X (minors) v. Bedfordshire County Council [1999] 3 WLR 1252
Yarm Road Ltd v. Costain Ltd (unreported, 30 July 2001, TCC)
Yorkshire Water Authority v. Sir Alfred McAlpine and Son (Northern) Ltd
[1985] 32 BLR 114

597
601
825

www.constructionlawhandbook.com

xxix

2007 edition

673

Table of UK statutes and


statutory instruments
1774

Life Assurance Act 1774

201

1838

Judgments Act 1838

800

1875

Explosives Act 1875

515

1890

Partnership Act 1890

1906

Marine Insurance Act 1906

204, 355

1907

Limited Partnerships Act 1907

231, 234

1909

Housing, Town Planning etc. Act 1909

1925

Law of Property Act 1925

1930

Third Parties (Rights Against Insurers) Act 1930

823

1935

Law Reform (Married Women and Tortfeasors) Act 1935

343

1943

Law Reform (Frustrated Contracts) Act 1943

463

1945

Law Reform (Contributory Negligence) Act 1945

1950

Arbitration Act 1950

1957

Occupiers Liability Act 1957

1958

Work in Compressed Air Special Regulations 1958

1961

Factories Act 1961

1963

Oce Shops and Railway Premises Act 1963

476

1967

Social Security (Claims and Payments) Regulations 1967

497

1969

Employers Liability (Defective Equipment) Act 1969

526

1969

Employers Liability (Compulsory Insurance) Act 1969

1970

Equal Pay Act 1970

1971

Fire Precautions Act 1971

www.constructionlawhandbook.com

231, 233, 263, 266

5
347, 539

588, 604
807
601, 602, 603
502
476, 531

476, 497
380
479, 525

2007 edition

xxxi

1972

Defective Premises Act 1972


Fire Certicates (Special Premises) Regulations 1972
Local Government Act 1972

1974

Control of Pollution Act 1974


Health and Safety at Work etc. Act 1974

1975

Sex Discrimination Act 1975

1976

Fire Certicates (Special Premises) Regulations 1976


Race Relations Act 1976

1977

Unfair Contract Terms Act 1977

577, 605
525
19, 51

489, 613, 619, 620, 623, 629


108, 371, 469, 629
380, 390, 401
525, 526
380, 390

307, 342, 345, 359, 460, 461,


530, 588, 604, 870
305

Unfair Contract Terms Act 1977


1978

Civil Liability (Contribution) Act 1978

304, 343, 344, 532, 781

1979

Ancient Monuments and Archaeological Areas Act 1979


Sale of Goods Act 1979

1980

Limitation Act 1980

1981

Health and Safety (First Aid) Regulations 1981


Supreme Court Act 1981
867,
Town and Country Planning (Minerals) Act 1981
Transfer of Undertakings (Protection of Employment) Regulations 1981
371, 380, 391, 401,
Wildlife and Countryside Act 1981

25
562
348, 589, 900
497
895
8
558
632

1982

Civil Jurisdiction and Judgments Act 1982


Supply of Goods and Services Act 1982

1983

Asbestos (Licensing) Regulations 1983

514, 632

1984

Commercial Arbitration Act 1984


County Courts Act 1984
Occupiers Liability Acts 1984
Police and Criminal Evidence Act 1984

886
800
601
473

1985

Business Names Act 1985


Companies Act 1985

1986

Company Directors Disqualication Act 1986


543
Disqualication Act 1986
548
Insolvency Act 1986
41, 535, 536, 539, 541, 544, 548, 552, 569, 848
Insolvency Rules 1986
543, 545, 547
Latent Damage Act 1986
589
Sex Discrimination Act 1986
390

1987

Consumer Protection Act 1987


Control of Asbestos at Work Regulations 1987

xxxii

797
350, 460, 582, 669, 713

227, 237
236, 242, 247, 250, 319, 538, 542, 544,
548, 550, 551, 563, 566, 827
Construction Plant and Equipment (Harmonization of Noise
Emissions Standards) Regulations 1985
631
Ionising Radiations Regulations 1985
472

2007 edition

526
513, 632

www.constructionlawhandbook.com

1988

Copyright, Designs and Patents Act 1988


Environment and Safety Information Act 1988
Income and Corporation Taxes Act 1988
Quarries (Explosives) Regulations 1988

325, 416
475
229
516

1989

Construction (Head Protection) Regulations 1989


Electricity at Work Regulations 1989
Health and Safety Information for Employees Regulations 1989
Noise at Work Regulations 1989
508, 527,
Pressure Systems and Transportable Gas Containers Regulations 1989
Trade Euents (Prescribed Processes and Substances)
Regulations 1989
Water Act 1989

508
507
492
629
510
621
613

1990

Capital Allowances Act 1990


Computer Misuse Act 1990
Control of Asbestos in Air Regulations 1990
Environmental Protection Act 1990

1991

Construction Products Regulations 1991


521
Control of Explosives Regulations 1991
515
Environmental Protection (Prescribed Processes and Substances)
Regulations 1991
628
Packaging of Explosives for Carriage Regulations 1991
515
Planning and Compensation Act 1991
8
Water Industry Act 1991
593, 613
Water Resources Act 1991
619, 620, 623

1992

Access to Neighbouring Land Act 1992


Asbestos (Prohibitions) Regulations 1992
513,
Controlled Waste Regulations 1992
EMC Regulations 1992
Environmental Information Regulations 1992
Health and Safety (Display Screen Equipment) Regulations 1992
431,
Management of Health and Safety at Work Regulations 1992
Manual Handling Operations Regulations 1992
Personal Protective Equipment at Work Regulations 1992
Social Security Contributions and Benets Act 1992
Supply of Machinery (Safety) Regulations 1992
Trade Union and Labour Relations (Consolidation) Act 1992
Workplace (Health, Safety and Welfare) Regulations 1992

1993

227
439
632
591, 613, 614, 616, 618, 621,
623, 626, 629
Planning (Listed Building and Conservation Areas) Regulations 1990
27
Planning (Listed Buildings and Conservation Areas) Act 1990
25
Town and Country Planning (Listed Buildings and Conservation Areas)
Act 1990
28
Town and Country Planning Act 1990
5

Clean Air Act 1993


Public Services Contracts Regulations 1993

www.constructionlawhandbook.com

2007 edition

607
515, 631
614
520
635, 636
491, 524
484
491, 511
491, 507
372
519
380, 391
523
627
54, 150
xxxiii

1994

Construction (Design and Management) Regulations 1994


107, 181, 308, 338, 471, 472, 486, 491, 494, 498, 503
Electrical Equipment (Safety) Regulations 1994
522
Supply of Machinery (Safety) (Amendment) Regulations 1994
519
Unfair Terms in Consumer Contracts Regulations 1994
305
Value Added Tax Act 1994
244
Waste Management Licensing Regulations 1994
616

1995

Civil Evidence Act 1995


Disability Discrimination Act 1995
Environment Act 1995
Public Supply Contracts Regulations 1995
Reporting of Injuries, Diseases and Dangerous Occurrences
Regulations 1995

812
380, 390
621
54
495

1996

Arbitration Act 1996

1997

Conned Spaces Regulations 1997


Diving at Work Regulations 1997
Fire Precautions (Workplace) Regulations 1997
Hedgerows Regulations 1997
Lifts Regulations 1997
Protection from Harassment Act 1997

1998

Civil Procedure Rules 1998


873
Competition Act 1998
170, 267
Control of Lead at Work Regulations 1998
512
Data Protection Act 1998
431, 435, 437
Electricity Supply Regulations 1998
507
Employers Liability (Compulsory Insurance) Regulations 1998
497
Groundwater Regulations 1998
620
Health and Safety (Enforcing Authority) Regulations 1998
471
Human Rights Act 1998
435, 597, 870
Late Payment of Commercial Debts (Interest) Act 1998
314, 460

xxxiv

765, 807, 808, 817, 818, 844, 854, 859,


869, 874, 875, 879, 886, 896
Carriage of Dangerous Goods (Driver Training) Regulations 1996
515
Construction (Health, Safety and Welfare) Regulations 1996
500, 502, 504, 515, 526, 527
Employment Rights Act 1996
370, 377, 378, 380, 386
Equipment and Protective Systems Intended for Use in Potentially
Explosive Atmospheres Regulations 1996
520
Finance Act 1996
617
Health and Safety (Consultation with Employees) Regulations 1996
493
Housing Grants, Construction and Regeneration Act 1996
40, 118, 153,
168, 175, 188, 189, 301, 322, 330, 349, 356, 459,
546, 553, 653, 655, 658, 756, 757, 813, 823, 887, 888
Landll Tax Regulations 1996
617
Law Reform (Year and a Day Rule) Act 1996
481
Special Waste Regulations 1996
615
Utilities Contracts Regulations 1996
54, 170
Work in Compressed Air Regulations 1996
502

2007 edition

502
505
525
30
521
592

www.constructionlawhandbook.com

1998

Lifting Operations and Lifting Equipment Regulations 1998


National Minimum Wage Act 1998
Provision and Use of Work Equipment Regulations 1998
Public Interest Disclosure Act 1998
Scheme for Construction Contracts (England and Wales)
Regulations 1998
Working Time Regulations 1998
371,

1999

Anti-Pollution Works Regulations 1999


Contracts (Rights of Third Parties) Act 1999

2000

Conditional Fee Agreements Regulations 2000


Contaminated Land (England) Regulations 2000
Electronic Communications Act 2000
Freedom of Information Act 2000
Insolvency Act 2000
Lawful Business Practice Regulations 2000
Limited Liability Partnerships Act 2000
Part-time Workers (Prevention of Less Favourable Treatment)
Regulations 2000
Pressure Systems Safety Regulations 2000
Regulation of Investigatory Powers Act 2000
Town & Country Planning (Appeals) (Written Representations
Procedure) (England) Rules 2000
Town & Country Planning (Inquiries Procedures) (England)
Rules 2000
Town & Country Planning (Determination by Inspectors)
(Inquiries Procedure) (England) Rules 2000
Town and Country Planning (Hearings Procedure) (England)
Rules 2000

2001

506, 521
371, 373, 380
505
371, 373, 380
311, 322, 845
373, 380, 494

620
114, 216, 299, 300,
330, 336, 352
Control of Substances Hazardous to Health Regulations 1999
511
Employment Relations Act 1999
399
Environmental Impact Assessment (England and Wales)
Regulations 1999
23
Environmental Impact Assessment (Scotland) Regulations 1999
633
Fire Precautions (Workplace) Regulations 1999
525
Ionising Radiations Regulations 1999
515
Local Government Act 1999
49, 51
Management of Health and Safety at Work Regulations 1999
479, 486,
491, 498, 517, 519, 527
Management of Health and Safety Regulations 1999
509, 512, 513
National Minimum Wage Regulations 1999
371, 373
Quarries Regulations 1999
516
Town and Country Planning (Environmental Impact Assessment)
(England and Wales) Regulations 1999
19, 633
Unfair Contract Terms in Consumer Contracts Regulations 1999
342, 345
Unfair Terms in Consumer Contracts Regulations 1999
831

Limited Liability Partnerships Regulations 2001

www.constructionlawhandbook.com

2007 edition

787,
621,
441,
63,

801
623
442
170
542
435
231, 234
371, 380
510
435
18
19
19
18
231, 233, 234
xxxv

2002

Adjudication Rules 2002


Chemicals (Hazard Information and Packaging for Supply)
Regulations 2002
Control of Asbestos at Work Regulations 2002
491,
Control of Lead at Work Regulations 2002
Control of Substances Hazardous to Health Regulations 2002
Dangerous Substances and Explosive Atmospheres Regulations 2002
Employment Act 2002
Enterprise Act 2002
170, 267, 536, 537, 539,
Fixed-term Employees (Prevention of Less Favourable Treatment)
Regulations 2002
Health and Safety (Miscellaneous Amendments) Regulations 2002
Pressure Systems Safety Regulations 2002
Town and Country Planning (Enforcement Notices and Appeals)
Regulations 2002
Town and Country Planning (Major Infrastructure Project Inquiries
Procedure) (England) Rules 2002

323
512
513, 514
491, 512
511
517
388
543, 546
372, 380
511
511
22
19

2003

Communications Act 2003


Employment Equality (Religion or Belief) Regulations 2003
Employment Equality (Sexual Orientation) Regulations 2003
Local Government Act 2003
PAYE and NIC Income Tax (Earnings and Pensions) Act 2003
Working Time (Amendment) Regulations 2003

2004

Carriage of Dangerous Goods and Use of Transportable Pressure


Equipment Regulations 2004
511
Civil Partnership Act 2004
401
Employment Relations Act 2004
400
Environmental Assessment of Plans and Programmes Regulations 2004
23
Information and Consultation of Employees Regulations 2004 391, 398, 403
National Minimum Wage (Amendment) Regulations 2004
401
Pensions Act 2004
404
Planning and Compulsory Purchase Act 2004
5, 6, 12

2005

Control of Noise at Work Regulations 2005


Control of Vibration at Work Regulations 2005
Freedom of Information Act 2005
Income Tax (Trading and Other Income) Act 2005
Insolvency (Amendment) Rules 2005
Manufacture and Storage of Explosives Regulations 2005
Transfer of Employment (Pension Protection) Regulations 2005
Work at Height Regulations 2005

2006

Public Contracts Regulations 2006


Utilities Contracts Regulations 2006

xxxvi

2007 edition

424
380, 390
380, 390
11
372
403

491, 508
491, 518
434
227
546
515
404
500
54, 55, 57, 63
54, 63, 64

www.constructionlawhandbook.com

Table of European legislation

1976

Council Directive 76/769/EEC


Equal Treatment Directive (76/207)

1977

Acquired Rights Directive

1979

Wild Birds Directive (79/409/EEC)

633

1983

Council Directive 83/477


Council Directive 83/478

513
513

1984

Directive 84/532/EEC

631

1985

Directive 85/337/EEC

633

1989

Construction Products Directive


Directive 89/391/EEC
Directive 89/665

1990

Council Directive 90/394/EEC

1992

Directive 92/13
Directive 92/50/EEC
Habitats Directive 92/43/EEC
Temporary or Mobile Construction Sites Directive 92/57/EEC

1993

Directive 93/36/EEC
Directive 93/37/EEC
Directive 93/38/EEC
Low Voltage Directive

54
54
54
522

1995

Lifts Directive 95/16/EC

521

1997

Directive 97/11/EC
Directive 97/39/EC

633
633

1998

Council Directive 98/24/EC


Machinery Directive
Working Time Directive

www.constructionlawhandbook.com

513
404
391, 392, 393, 401

471
525
54, 63
513
54
54
633
498, 500

512, 513, 517


471, 519
395, 397, 494
2007 edition

xxxvii

1999

Council Directive 99/92/EC


Posted Workers Directive

517
381, 382

2000

Electronic Commerce Directive


Electronic Signatures Directive
European Framework Directive 2000/78/EC

440, 442
441
401

2001

Directive 2001/45/EC

516

2002

Directive 2002/44/EC
Directive 2002/73
Road Transport Directive

518
404
403

2003

Directive 2003/10/EC

508

2004

Directive 2004/17/EC
Directive 2004/18/EC

54
50, 54, 59

xxxviii

2007 edition

www.constructionlawhandbook.com

Biographies of contributors

Section editors

Ann Minogue
Ann Minogue is a Partner and head of Linklaters real estate construction and engineering team; having originally been a Partner in McKenna & Co from June 1985. She read
law at Clare College, Cambridge and qualied as a solicitor in 1980.
She specialises in non-contentious construction work and has drafted amendments
to various of the standard forms as well as drafting new forms of contract to cater for
more diverse procurement methods. In particular, she drafted the British Property
Federations standard forms, the new edition of DOM/1 and the new GC/Works/
Sub-Contract. She was involved in drafting the construction documentation for the
major 1980s projects Canary Wharf, Broadgate, Ludgate and the Channel Tunnel
Project and has since been involved in some of todays bigger projects the Royal
Opera House, Tate Modern, the Hungerford Bridges Project, Stockley Park, the British
Museum Great Court Project.
In the Central London oce market, she has also been involved in the construction
documentation (including the construction aspects of development agreements and
agreements for lease) on the recent developments at Garrard House, Gresham Street,
59 Gresham Street, the Paternoster re-development, 33 Holborn (the old Mirror
building) and Atlantic House, Holborn.
She also sits on the BPF Construction Committee and advises the BPF on construction matters as well as representing the Construction Clients Forum on the JCT
Drafting Sub-Committee.
She is a contributor on construction matters to Freemans Guide to the Property
Industry and the Architects Legal Handbook. She had a monthly column in Building
Magazine on construction law issues.
Jenny Baster
Jenny Baster qualied as a solicitor in 1978. Having worked rst at a law centre and
subsequently in a City practice, in 1985 she joined Ove Arup Partnership, a leading
international rm of consulting engineers, where she is Legal Director. She has extensive
practical experience advising on the legal aspects of the rms day to day operations,
with a particular involvement in contractual and insurance matters. She has experience
of litigation, arbitration and other forms of dispute resolution in the UK and
www.constructionlawhandbook.com

2007 edition

xli

internationally. Jennys role extends to in-house training on a variety of commercial and


legal issues and she has, in addition, contributed to external training courses. She has
worked closely with the construction industry professional institutions and has participated in a number of professional review bodies including committees of the Association
of Consulting Engineers and the Construction Industry Council. Jennys experience has
centred on the practical application of the law to engineers in a commercial environment.
Sir Vivian Ramsey QC
Sir Vivian Ramsey studied Engineering Science and Economics at Oxford University
before working as a civil engineer in the UK and overseas. During this time he
became a Chartered Engineer and a Member of the Institution of Civil Engineers.
After studying law in London he was called to the Bar in 1979 and was a practising
barrister from 1981 to 2005. He became a Queens Counsel in 1992 and from 2003 to
2005 he was Head of Keating Chambers, the largest London set of barristers Chambers
specialising in Building, Technology, IT and associated commercial Disputes.
He practised around the world as an advocate, arbitrator, adjudicator and mediator in
technical disputes, particularly related to construction and engineering projects. He
acted for governments, public authorities, utilities, international contracting companies,
consultancies, architects, engineers and other construction professionals.
He continues to act as a Special Professor in the Department of Civil Engineering at
the University of Nottingham and lectures at Kings College, London.
In November 2005 he was appointed as a High Court Judge in the Queens Bench
Division where for a substantial part of his time he sits in the Technology and Construction Court. He received a knighthood on his appointment.
Michael OReilly
Mike OReilly is a chartered engineer, having worked on a number of prestigious
projects with Arup including geotechnical designs for the Canary Wharf project. On
passing his Bar Finals, he trained at Keating and Atkin Chambers before returning to
academia, where he taught at the Universities of Nottingham and Sheeld and was
then appointed Head of Civil Engineering at Kingston University. In 2000 he returned
to independent practice at the Bar and appeared in a number of high prole cases
reported in the Building Law Reports, the Competition Appeal Reports and the
European Law Reports. In January 2006, he transferred to the Solicitors branch of
the profession in order to establish Adie OReilly LLP, a specialist property and construction law rm based in Lincoln, but with a national and international client list.

xlii

2007 edition

www.constructionlawhandbook.com

Authors

Mark ONeill
Mark ONeill qualied as a New Zealand barrister and solicitor in 1985. He joined Allen
& Overy in 1991 and became a partner in the banking department in 1995.
Mark has a broad banking practice but specializes in property nancing both
investment and construction. He heads the Property Finance Group at Allen & Overy
and acts for a number of leading property nance banks and property investors. He
has been involved in numerous construction nancings over recent years, employing
various construction contract models.
John Scriven
John Scriven became a partner at Allen & Overy in 1988. He specializes in advising on
major projects world-wide including water, power, road, telecommunications and other
infrastructure projects, advising sponsors, project companies, lenders and contractors.
John has also advised sponsors, project companies, lenders and investors on UK Private
Finance Initiative (PFI/PPP) schemes for hospitals and healthcare, water treatment,
light rail and prison construction and operation.
He has a particular interest in construction law and related issues, and heads the
Construction Law Group which is an integral part of the Allen & Overy Projects
Group. In addition, John has advised in a number of property development transactions
acting for employers, investors, lenders and tenants.
He is editor and co-author of A contractual guide to major construction projects (1999),
and contributor to Future directions in construction law (1992) and Risk management and
procurement (1995).
David Marks
David Marks is a partner in CMS Cameron McKenna where he specializes in EC and
competition law. A growing aspect of his practice is advice on both contentious and
non-contentious aspects of the EC and WTO procurement regimes.
He has worked on major PFI/PPP schemes both in the UK and in continental Europe.
He has also been involved with many of the main Lottery funded cultural projects.
David is a frequent speaker on procurement law issues. He has practised in Brussels
where he ran his rms oce. He has also studied law in France and Germany.
www.constructionlawhandbook.com

2007 edition

xliii

Adrian Smith
Adrian Smith is a Chartered Quantity Surveyor with over 30 years experience in private
practice, the public service and as a university academic, including six and a half years
working in Hong Kong.
He is presently employed as a Tutor in Project Management at the College of Estate
Management in Reading, and also as an Associate by James R. Knowles Procurement
and Partnering Services. In addition to best practice in construction procurement, his
specialist skills include disputes avoidance, privately nanced infrastructure, information technology in construction, and construction education. His publications in these
areas presently include four full length books and a substantial number of internationally refereed journal articles and conference papers.
Tracy London
Tracy is a specialist non-contentious construction lawyer and has been in Herbert
Smiths Construction and Engineering group since 1999. Prior to that time she
worked as a lawyer in Australia. She has more than ten years experience as a noncontentious construction lawyer in various sectors, both national and international,
including the energy and resources sector. Her role is focused on the preparation and
negotiation of construction related documentation, procured both traditionally and
under project nance structures, including PFI.
Nicholas Downing
Nicholas Downing is a specialist non-contentious construction lawyer and has been a
partner in Herbert Smiths Construction and Engineering Department since 1997. His
role is focused on the preparation and negotiation of construction-related documentation for a wide range of projects, whether procured traditionally or under project nance
structures. He is particularly interested in innovative procurement methods.
Herbert Smith has one of the leading construction and engineering law practices
among UK law rms. The rm is also regarded in independent reviews for the legal
profession as the leader in the PFI market and has acted on many of the largest or
most complex PPP transactions to date. In 1999, Herbert Smith was named as Law
Firm of the Year by Chambers.
The depth of Nicholas experience is illustrated by some of the leading transactions
with which he has been involved. For traditionally procured projects, he has advised
on Disneyland Paris, the construction of designer outlet villages across the UK and
mainland Europe for BAA-McArthur/Glen, numerous new headquarters buildings
for leading City institutions and major leisure, oce and retail developments for some
of the UKs largest developers, such as Land Securities and Hammerson.
In the PPP context, Nicholas advises projects sponsors, project companies and
nanciers. Some of the leading deals on which he has worked include GCHQ (one of
the largest and most sophisticated facilities to be built under the PFI), Kings College
London, Health and Safety Laboratories and Queen Elizabeth Hospital at Greenwich
(which has won an award for best degree of risk transfer).
Nicholas speaks regularly at seminars on construction law.
David Hudson
During a career spanning over 25 years, David Hudson has gained extensive experience
in project management, quantity surveying and construction/property consultancy
covering a wide range of projects in both the public and private sectors. David has
xliv

2007 edition

www.constructionlawhandbook.com

been involved in projects in both the UK and overseas, with values ranging from 1
million up to 400 million.
David joined Tropus (formerly McBains Ltd) in 1978, and is now Chairman with overall responsibility for nancial performance. Additionally, as Chief Executive of McBains
Investment Management Limited (MIM), which was set up in 1995 to lead consortia and
raise nance for PFI projects. David is responsible for running all PFI activities and has
won four projects as Preferred Bidder and ve more as Reserve Preferred Bidder. As well
as leading consortia, David is directly responsible for nancial modelling and for
negotiating the contract structures.
Currently, David is a board member of Broomleigh Housing Association, one of the
UKs largest Housing Associations and an active member of the British Property
Federation.
Kirstin Warley
Kirstin Warley is a professional support lawyer in the Construction group at Linklaters.
She advises and trains lawyers on all aspects of construction law, participates in government and industry body consultations, drafts precedent construction documentation
and produces regular updates on recent legal and industry developments. Prior to
becoming a professional support lawyer, Kirstin worked as a client-facing solicitor in
London (specialising in international construction arbitration) and in Australia where
she prepared and negotiated documentation for construction, infrastructure, defence
and telecommunications projects. She is admitted as a solicitor in England and Wales
and in New South Wales, Australia.
William Gloyn
Bill Gloyn is the Chairman of Aon Risk Services, Commercial Property Group which he
set up in 1983. He heads up the Real Estate Practice Group which has representatives
from all Aon European territories. He rejoined the company in 1992 after three
years as Vice PresidentInsurance of Olympia & York where he controlled their
London-based insurance programme. He remains a consultant to Canary Wharf
Group plc.
He advises the British Property Federation on insurance matters and has been
appointed as BPF Construction Clients Forum representative on the Construction
Industry Board Liability & Latent Defects Insurance Working Group set up to consider
the way forward following publication of the Latham Report on the future of the
construction industry.
FIABCI elected him to membership in 1987 and in June 1999 he was installed as VicePresident of the European Committee.
In addition to being a member of the City of London Law Society Construction
Industry Working Party, Bill is an external tutor for the Masters Degree in Construction
Law at Kings College, University of London. He is a regular speaker at conferences and
a contributor to the property and legal press. He is joint author of A Guide to Commercial Property and Construction Insurance and A Handbook of Property Management and
a contributor to the Freemans Guide to the Property Industry.
Marshall Levine
Marshall Levine studied law at University College, London, obtained a further degree in
Estate Management and his Masters in Construction Management at Reading University.
www.constructionlawhandbook.com

2007 edition

xlv

Marshall qualied as a solicitor in 1982 and has been a partner of Linklaters (part of
the Linklaters & Alliance group) since 1989 and is currently Head of the Construction
and Engineering Group. He has been involved in a wide range of property and construction matters, including dispute resolution and advice in relation to many major
joint ventures, construction projects and construction nancings.
He is involved in PFI projects in the UK and in Europe in the health, waste water
infrastructure and property sectors advising consortia, lender and government bodies
of PFI structuring, and PFI/PPP projects generally. He is particularly involved in
exporting PFI to Europe including Cyprus, Russia and Germany.
He is author of Construction and Engineering Precedents, Construction and UK
Insurance Law, and Construction and Environmental Law.
Ray Robinson
Ray Robinson, a Fellow of the Chartered Insurance Institute and a registered Insurance
Broker, is the Technical Consultant for the Commercial Property Group of Aon Limited
and the editor of Aons regular newsletter Property Eye.
Before joining Aon, Ray spent nearly 40 years in the insurance industry, most of it
with Royal & Sun Alliance. For a number of years he was the Underwriting Manager
for the prestigious Sun Alliance property owners account in the West End. He also
managed their Building Defects account during the same period.
Ray has written numerous articles and papers on a wide range of topics in the property
and legal press and is a regular speaker at seminars and conferences on insurance subjects of interest to the property world. He is the author of a number of underwriting
and training manuals and has contributed to several externally published works including the Handbook of Property Management and the Construction Law Handbook. He has
represented both the Association of British Insurers and the British Property Federation
in discussions on the future of latent defects insurance and was instrumental in setting up
the discussions between those two bodies that led to the development of the latest
products.
Richard Linsell
Richard Linsell is head of the Professional Practices Group at Addleshaw Goddard LLP
and is the current Chairman of the Association of Partnership Practioners. Richard is
probably the solicitor most associated with the UK LLP movement. He qualied as a
solicitor in 1972 with Mayer, Brown, Rowe & Maw and became a partner in 1976. In
the last ten years he has gradually developed what is now undoubtedly one of the
most prestigious professional practices in the UK. Rowe & Maw have traditionally
acted for professional rms in the building services sector. However, in those ten
years Richard has added major rms in the accountancy, actuarial, patent and trade
mark and even legal sectors to the client portfolio.
The Professions Group at Rowe & Maw is a multi-disciplinary grouping, led by
Richard Linsell, dedicated to understanding and fullling the legal services needs of
the regulated professions.
Caroline Abrey
Caroline Abrey is a partner in the corporate/commercial department of Shadbolt & Co.
Solicitors. Caroline has a wide range of commercial experience including corporate
nance, company acquisitions and disposals and trading relationship agreements including domestic and international joint ventures.
xlvi

2007 edition

www.constructionlawhandbook.com

Caroline Cree
Caroline Cree is a Chartered Civil Engineer with some twenty years experience of working in the construction industry, rst as a consulting engineer and then as a contractor
and management consultant. Caroline is currently responsible for risk management
within Carillion plc. This encompasses all aspects of the construction to services spectrum. Working under conventional and innovative contractual arrangements, including
traditional construction and building projects, project nance and the range of facilities
management services. These projects include large-scale joint ventures and partnering
arrangements in Europe and overseas.
Christopher Morgan
Chris is an International Tax Partner in the KPMG London oce.
He qualied as a solicitor in 1991 in the tax department of a large city law rm. He
joined KPMG in Milan in 1993 where he worked for a year, advising mainly US and
UK clients on investing into Italy, and mergers and acquisitions. He returned to
London in 1994 and became a partner in the International Tax Group in 1998.
Chris specializes in advising on cross-border transactions including reorganisations,
mergers and acquisitions, joint ventures and business structuring. He also provides
advice on specialized areas of UK international law such as the controlled foreign company legislation, double tax relief, and thin capitalization issues. Chris is also a member
of a multi-disciplinary team focusing on ways of exploiting intellectual property.
Chriss clients are multi-nationals in a wide range of industries including pharmaceuticals, shipping, manufacturing and professional services.
During the past year, Chris has been heavily involved in discussing the implementation of a tonnage tax for shipping with the Chamber of Shipping and the Inland
Revenue. He has also played a leading role in establishing a new law rm, Klegal,
which is associated with KPMG.
Steve Priddy
Steve is Finance Director of the Building Engineering division of Ove Arup Partnership
Limited.
He joined Arup in 1986. In 1997 he was awarded a doctorate in Social Sciences from the
University of London. He is Vice Chair of the Corporate Sector Network at the Association
of Chartered Certied Accountants (ACCA). He has written several articles in the Corporate Sector Newsletter of the ACCA on topics such as benchmarking, key performance
indicators, and the challenges posed to accountants by the new technology ventures.
He has considerable experience of working in the Middle East, Turkey and, latterly,
mainland Europe. He has been integrally involved in setting up of oces in Germany,
Spain and Turkey and other major Eurozone locations. Additionally, he has been involved
with oshore working arrangements in many countries. He aspires to be a good European.
With Arup he has developed nancial training for non nancial people and is
integrally involved in the rms commercial management programme. He believes
strongly in simplication and the importance of situating accounting in the context of
the business organization and wider society.
Rachel Barnes
Rachel Barnes obtained a law degree from Bristol University in 1972. She joined Beale
and Company in June 1973, qualied as a solicitor in 1975 and became a partner in the
rm in 1977.
www.constructionlawhandbook.com

2007 edition

xlvii

From 1975 to 1985 she was concerned mainly with construction litigation. For the most
part, this involved defending consulting engineers in High Court cases and arbitrations in
the UK, but she also handled some international claims. From 1985, she has worked predominantly on the non-contentious side of the rms practice, giving advice to construction professionals and developers on conditions of engagement and collateral warranties
for all types of projects, both in the UK and overseas. She has also advised on tenders,
architectural competitions, joint ventures for developers and on standard client form
agreements. She also advises consulting engineers and contractors on building contracts.
Rachel also lectures and topics have included the CDM Regulations, the Construction
Act payment provisions and the Contracts (Rights of Third Parties) Act. She assisted the
Association of Consulting Engineers in drafting the ACE Conditions of Engagement
1995 and the 2nd Edition.
Since February 1997, she has been a regular contributor to Building magazine, writing
on matters that particularly concern consultants. She has written a book, Professional
Services Agreements with Les Edwards of Mouchel Consulting concerning the risk
management of professional services contracts for consultants.
Clive Marsden
Clive Marsden is contracts director for Haskoning UK Ltd., the operating company in
the United Kingdom of Royal Haskoning a 3,000-strong international engineering and
environmental science consultancy with its group head oce in Holland.
Clive graduated from the University of London in 1968 with an honours degree in civil
engineering. In the early part of his career he worked for both consulting engineers and
contractors before settling with his current employer with whom he has been for nearly
thirty years, though his employers name has changed variously from Posford Pavry
and Partners, through Posford Duvivier and Posford Haskoning to its present name.
Clive has experience in many aspects of civil engineering, both in the United Kingdom
and internationally, and has been involved in the design and construction of large
infrastructure projects such as power stations, ports, roads and bridges, prisons and
underground railways. He has lived for several years in the Middle East and North
Africa.
Clive is a Fellow of the Institution of Civil Engineers and also possesses a Diploma in
Accounting and Finance. He has training in construction contract law from Nottingham
Trent University. In recent years he has become active in the Association for Consultancy and Engineering (ACE) and currently chairs ACEs legal and liability committee.
Clive has also contributed to a Construction Industry Council contract working group
and has a place on that organisations liability panel. Much of Clives work for
Haskoning UK Ltd. involves striking a balance between commercial opportunity and
contractual risks, a balance which he hopes he has brought to his contribution to this
handbook.
Patrick Holmes
Patrick Holmes is a solicitor. He is a partner in Macfarlanes specializing in noncontentious construction work and property development. His construction experience
encompasses a wide range of drafting and advisory practice areas including project
documentation, building contracts, professional appointments and collateral warranties. Acting for a range of developers, funds, contractors, consultants and end users
provides a broad perspective and understanding of their dierent concerns and requirements and how these can be reconciled to meet the needs of each particular project. He is
xlviii

2007 edition

www.constructionlawhandbook.com

also a regular speaker at conferences and contributes to the legal and construction press.
Recent speaking engagements include papers on design liability and the impact on the
construction industry of the Contracts (Rights of Third Parties) Act 1999.
Ewan MacGregor
Ewan MacGregor is Director of Legal and Risk Management at Griths & Armour
Professional Risks and previously Director of Risk Management and Legal Aairs at
Oscar Faber Group Ltd, an international rm of consultants to the property, transportation and construction industries.
He has responsibility for negotiating appointments and for dispute resolution through
mediation, adjudication and arbitration. He has established a bespoke risk management
strategy covering all aspects of the companys appointments.
He has previously managed the Facilities, Health & Safety and Environmental groups
within the company.
He has a rst class honours degree in Environmental Engineering and has an MSc in
Construction Law and Arbitration from Kings College, London. He is a Fellow of the
Chartered Institute of Arbitrators.
Ewan has a background in Acoustics and Hazard & Operability studies as well as being
a Chartered Engineer and an IEMA Registered Environmental Auditor. He has acted as
an expert in various disputes relating to property development and construction.
He currently sits on the Association of Consulting Engineers Client Focus and Legal
& Liability Committees.
Stephen Bamforth
Stephen Bamforth joined Griths & Armour in 1986 after graduating from Churchill
College Cambridge and was made a partner in the rm in July 1994.
He specializes in advising ACE member rms on their professional indemnity insurance requirements and is engaged in research into alternative insurance arrangements
such as Latent Defects and Environmental Impairment. He also advises FIDIC on contractual matters and sits on the Risk Management and Clients/Consultants Relations
Committees.
John Moore
John Moore is a Director of Wren Managers Limited, handling professional indemnity
claims against architects and engineers. He has twenty ve years experience in this area,
entering into it when the ood gates opened in 1976 following the decision in Anns v.
Merton LB.
John has been involved in a number of the cases which have assisted in establishing the
reference and datum points in construction and professional insurance law including,
Thorman and New Hampshire; Pacic Associates and Baxter; Crown Estates and
Mowlem and Strathford and HLM.
He is a regular writer for construction and insurance journals as well as being a
speaker at conferences and seminars, both commercial and within Lloyds as part of
its industry training programme. John has also spoken on handling insurance claims
at solicitors, insurers and reinsurers.
In addition to contributing to Construction Law Handbook, John is currently involved
in the editing of the Insurance Institute of London Advanced Study Group Book on
Professional Negligence, having produced the Architects and Engineers and Claims
www.constructionlawhandbook.com

2007 edition

xlix

chapters and is chairing the Insurance Institute of London Advanced Study Group
entitled The Handling of Professional Negligence Claims.
Although his work is principally UK based, claims have taken him throughout
Europe, South America and the Middle East.
Jonathan Exten-Wright
Jonathan Exten-Wright is a partner in the international law rm DLA Piper. He
specialises in employment law, regularly writing and lecturing on the subject. He has
particular interest in whistle blowing, discrimination, employee relations and organisational change.
He has particular experience in sales of businesses, and the contracting-out/
outsourcing eld, advising outsourcers and contractors in both the public and private
sector, dealing with PFI issues, trade union recognition and negotiations, works
councils, collective consultation, redundancy programmes and contract variation. He
has lectured on all these topics.
He is a regular seminar speaker and author of a number of articles on the impact of the
Transfer of Undertaking Regulations, and M&A employment issues. He is also author
of FT Management Brieng Assessing the Organisational Impact of Employment Law
Change.
He was a member of the TUPE Forum in dialogue with the Government on reforming
business transfer legislation. He also participates in the work of the Disability Partnership.
Derek Blundell
Derek Blundell is an independent IT consultant specializing in the specication, selection
and implementation of IT systems. Derek has experience in construction management
starting his career as a planning engineer before becoming a Contract Manager,
Regional Director and Director responsible for Design and Build with Trafalgar
House (now Skanska). While at Trafalgar House he became responsible for the implementation of 12 IT systems in 13 Companies.
In 1997 he set up his own business providing IT services to a number of companies and
was manager of Construct IT (based at Salford University) where he took part in and
became the co-author of many IT reports produced by the organization.
In 2000 Derek became Director responsible for IT and Quality Management Systems
with Ballast PLC (one of his former clients) and since their demise in 2003 has returned
to the role of independent IT consultant.
Clive Seddon
Clive Seddon is a partner in Pinsent Masons Outsourcing, Technology and Commercial
Group. He joined Pinsent Masons in 1987 and has been a partner since 1993.
Although Clives practice has focused on IT and telecoms disputes in both the public
and private sector, he has more recently concentrated on strategic advice in relation to
major IT and telecoms projects, often involving a renegotiation of the agreement and
realignment of the relationship.
Clive was a board member of Construct IT from its early days (based at Salford
University) and has been involved in IT work for construction businesses for the past 10
years. This led to his work with Loughborough University for EU projects, e-legal which
considered a legal framework for project collaboration applications and Legal-IST,
l

2007 edition

www.constructionlawhandbook.com

which gives guidance on legal issues arising from SME Clusters. Clive is an accredited
CEDR mediator.
Martin Bowdery QC
Martin Bowdery studied philosophy, politics and economics at Pembroke College,
Oxford, graduating in 1978. He was called to the Bar, Inner Temple, in 1980, and was
appointed Queens Counsel in 2000.
Since 1982 Martin has been in full-time practice as a barrister specializing in the law
relating to building and engineering disputes. He has been involved in advisory work,
litigation, adjudication and making numerous appearances in the International Arbitrations High Court, the Court of Appeal and the Privy Council. Martin has a special
interest in IT related disputes and has drafted Software Contracts and been instructed
and advised in respect of IT disputes ranging from 2 million to 240 million.
Martin was editor of International Construction Law Review from 19831987 and is a
contributor to Contributor Issues in Construction Law volume III: Construction Contract
Reform.
Guy Cottam
Guy Cottam was formerly a director of an international civil engineering contractor
before setting up his own practice specializing in dispute resolution. He is an active
arbitrator, adjudicator, conciliator and mediator, having been appointed in over 200
references.
He has been actively involved with the HGC&R Act since its inception as Founder
Chairman of the Institution of Civil Engineers Conciliation and Adjudication Advisory
Panel and a member of the Construction Industry Councils Adjudication Task Force.
He established, in 1994, prior to the publication of the Latham Report, the rst training courses for adjudicators under the NEC Contracts. He has been actively involved
with adjudicator training for the ICE, CIArb, CIOB and TeCSA.
He is currently chairman of the Institution of Civil Engineers Advisory Panel on
Legal Aairs and a committee member of the Society of Construction Arbitrators.
For seven years he was the Secretary of the Academy of Experts. Subsequently, he was
Deputy Chairman for a year and is currently a member of Council.
Guy Cottam contributes regularly to the legal column of Construction News and
lectures regularly on adjudication and dispute resolution.
Patrick Clarke
Patrick is a barrister at Atkin Chambers, a leading specialist set in the eld of construction and engineering law. He studied Physics at Kings College, London, graduating in
1995 and was called to the bar, Grays Inn, in 1997. Patrick joined Atkin Chambers in
1999 following completion of pupillage there.
Patricks practice is principally concerned with technical, construction and engineering disputes between employers (including local and national government), contractors
and professionals. He has been involved in a wide range of matters across the spectrum
of litigation, international and domestic arbitration, adjudication and mediation.
Donald Lamont
After graduating from Aberdeen University in 1971, Donald spent 13 years with a
leading rm of consulting engineers in Scotland during which time he worked on the
construction of roads, bridges, pipelines and tunnels both in the UK and abroad.
www.constructionlawhandbook.com

2007 edition

li

He joined HSE in 1984 and since 1987, has been a construction engineering specialist
in HSEs technical HQ in Bootle. Much of his work is associated with ground engineering and tunnelling including the Channel tunnel, but he was also part of the team which
drafted the Construction (Design and Management) Regulations, the Construction
(Health, Safety and Welfare) Regulations and the Work in Compressed Air Regulations.
In addition, Donald is involved in drafting both British and European Standards
on tunnelling and construction machinery safety. He is a member of the Institution of
Civil Engineers Health and Safety Board and various CIRIA committees. He is also
currently an external examiner in the Civil Engineering department of Kingston
University.
Mark Tyler
Mark Tyler is a partner at CMS Cameron McKenna specializing in health and safety
law and has been noted as a leading expert in the area in annual surveys of the legal
profession.
He has been involved in various major cases including the Southall and Ladbroke
Grove Rail Inquiries and the Organophosphate Chemical Group Litigation. He deals
regularly with the defence of HSE prosecutions and enforcement action on behalf of
companies and other organizations. He is co-author of the books Product Safety and
Safer By Design and he has contributed and edited numerous other books and reports
in the health and safety eld including Health and Safety at Work loose-leaf and CD
ROM.
Mark is a member of the CBI Health and Safety Panel, The International Association
of Defense Counsel, and The Institution of Occupational Safety and Health.
Alison Cull
Alison Cull studied law at the University of Leicester and qualied as a solicitor in
1994. She is a Senior Associate in the Restructuring team at Pinsent Masons, with
experience in advising clients on all aspects of corporate and personal insolvency law
in connection with receiverships, liquidations, administrations, voluntary arrangements
and bankruptcy. She has acted for insolvency practitioners, banks, commercial clients,
directors and creditors. Her expertise is primarily in dealing with contentious aspects of
insolvency law including in particular the enforcement of creditors rights with an
emphasis on property and construction related insolvency work.
Alison has also been involved in handling commercial issues including payment security aspects of contracts in relation to both drafting and enforcement and has a particular
expertise in the areas of bonds and guarantees and escrow agreements.
Richard Davis
Richard Davis was born in 1955 and educated at Emmanuel College, Cambridge where
he obtained an M.A. in law. He has practised for 20 years as a solicitor in the elds of
construction and insolvency law. He joined Pinsent Masons in 1984, and was a partner
from 1988 until 1997, when he became a consultant with the rm.
In 1991, he published Construction Insolvency (2nd edn, 1999) which was the rst
specialist study of insolvency as it aects the construction industry. He co-edited Security for Payment in 1996. He is a contributor to Lightman and Moss The Law of Receivers
of Companies and Emdens Construction Law.
He is a lecturer, tutor and examiner at the Centre of Construction Law and Management at Kings College, London, and frequently speaks at conferences.
lii

2007 edition

www.constructionlawhandbook.com

He is active in the training of lawyers within Masons, and has appeared regularly on
Television Education Network, a system of legal education based on video.
He served on numerous government and industry committees in connection with the
Latham Report and the Bill which became the Housing Grants, Construction and
Regeneration Act 1996. A third edition of Construction Insolvency will be published in
2007.
Graham Chapman
Graham is a barrister at 4 New Square, Lincolns Inn. This is a leading commercial and
civil set with a reputation founded upon its work as specialist counsel in a wide range of
civil disputes and as expert advisers in non-contentious matters. The set has particular
expertise and a high reputation in relation to claims against professionals, including
construction professionals, and frequently acts in disputes between employers and contractors and subcontractors both in court and in arbitrations.
Graham joined 4 New Square after his pupillage there. He is a scholar of Oriel
College, Oxford, achieving a high rst in his law degree and being awarded the University prize for the best nals paper in jurisprudence. Grahams practice focuses heavily on
claims made by and against construction professionals. In addition, Graham acts for
and against other professionals in a wide range of professional liability disputes and
has a general commercial and common law practice.
Miles Harris
Miles Harris is a barrister at Four New Square in Lincolns Inn, a leading commercial
and civil set with members who act in a wide range of civil disputes and as expert advisers
in non-contentious matters. Four New Square was rated as the top set for professional
negligence litigation in Chambers and Partners 2006.
Miles studied Anglo-Saxon, Norse & Celtic at Trinity College, Cambridge before
converting to law at City University. He is a member of Grays Inn. He is regularly
instructed in a wide range of claims against professionals, including those working in
the construction industry.
Kathryn Mylrea
Kathy Mylrea (Partner and Head of Environment Department) was educated in the
United States and admitted originally in Ontario, Canada in 1986. Kathy specializes
in the application of UK and EU environmental law. She has wide experience of most
aspects of environmental law with particular emphasis on analysis of potential environmental liabilities in relation to acquisition, ownership and development of contaminated
land and use of environmental audits.
She regularly works closely with members of the Construction Department on matters
involving environmental investigations and negotiation of contractual provisions
allocating liability. She regularly defends criminal prosecutions for waste, water and
health and safety related oences. She is the author of the legal and policy volume of
the Construction Industry Research and Information Association publication on
Remedial Treatment of Contaminated Land.
Peter Witherington
Peter Witherington is deputy chairman of RSKENSR, a registered SiLC and member of
their PTP. He chairs the AGS contaminated land working group and represents HBF on
the Remediation Licence and Soil Guideline Value task forces. He has over 20 years
www.constructionlawhandbook.com

2007 edition

liii

experience in the eld of geotechnical and environmental advisory services, his main
specialisms being in assessment and remediation of contaminated land, and risk
assessment, communication and management. He provides expert witness at High
Court hearings and public inquiries and is author of numerous papers on contaminated
land.
He has been involved in several research projects for CIRIA, DETR and the EA as both
a research contractor and steering group member. He has developed a guidance for
housing developers to ensure that the development of potentially contaminated land is
managed consistently and safely. He worked with NHBC in developing their standards
chapter 4.1 on land quality and is currently involved in the development of environmental
management systems to control construction impacts of development projects.
Peter has lectured at Newcastle-upon-Tyne University, Queens University, Belfast;
run workshops for local authorities and private developers on the technical requirements
of the contaminated land provisions of the Environment Act 1995 and has also provided
input into the NHBC internal training programme.
Daniel Atkinson
Daniel Atkinson is Managing Director of Daniel Atkinson Limited and sole proprietor
of the website www.atkinson-law.com. He publishes extensively on practical issues relating to construction contracts and construction law. He contributes regularly to the legal
column of Construction News and lectures regularly on administration of contracts,
standard forms, payment, delay and disruption, adjudication and dispute resolution.
Daniel Atkinson is a chartered civil engineer of over 30 years experience, holds a
degree in law and was called to the Bar in 1994 as a non-practising barrister. He is a
Fellow of the Institution of Civil Engineers, a Fellow of the Chartered Institute of
Arbitrators and holds a diploma in International Arbitration and is a Fellow of the
Institution of Civil Engineering Surveyors.
Daniel Atkinson has a wide experience of construction projects ranging from bridges
to tunnels, marine works to buildings and in design and construction. He has extensive
experience in dispute resolution in the UK and internationally and has represented
parties as advocate and taken conduct of proceedings in arbitration, adjudication and
mediation. He accepts appointment as mediator, adjudicator or arbitrator.
Daniel Atkinson has acted as Adjudicator on a wide range of disputes, has promoted
development of adjudication in the UK and is past chairman of the Institution of Civil
Engineers Conciliation and Adjudication Advisory Panel.
Nigel Robson
Nigel Robson is Head of Construction (North) at Eversheds, a full service European law
rm with 14 oces in England and Wales and 11 oces in Europe and the Far East.
After being admitted in 1977, Nigel became a partner in 1980 and is now a leading
partner in the 55 strong Construction & Engineering Unit.
Eversheds has a very strong reputation, acting for a wide spectrum of clients including
employers, commercial developers, public sector, contractors, subcontractors, specialist
manufacturers, design professionals, funding and insurance interests. This provides
Eversheds with the unique experience and commercial expertise to get deals delivered
and problems resolved in a straightforward, commercial and eective manner.
The Construction & Engineering Team specialize in all aspects of the industry,
including: claims and contract advice; drafting and negotiating construction and
engineering contracts and related documents; construction nance documentation;
liv

2007 edition

www.constructionlawhandbook.com

dispute resolution adjudication; litigation arbitration and ADR (including mediation);


performance bonds, guarantees, direct warranties; operating agreements, licences
copyright, patent rights; professional appointments and professional indemnity;
procurement and competition law advice.
While Nigel has been responsible for handling several high prole reported cases, his
philosophy and commitment are to achieving commercial results properly reecting the
legal and contractual realities.
Julian Critchlow
Julian Critchlow is a partner in Fenwick Elliott, solicitors, and specializes in both contentious and non-contentious construction law.
He is a Fellow of the Chartered Institute of Arbitrators, an Associate Fellow for the
Society for Advanced Legal Studies, a TECSA registered Adjudicator and a CEDR
accredited mediator.
He regularly lectures on matters relating to construction law and arbitration and is the
author of numerous articles. He is author of Making Partnering Work in the Construction Industry, joint author (with Prof Rob Merkin) of Arbitration Forms and Precedents,
Arbitration Editor of Amicus Curiae (the journal of the Society for Advanced Legal
Studies) and Consultant Construction Law Editor of The Journal of ADR, Mediation
and Negotiation.
He is a tutor on the MSE Construction Law and Arbitration Course at Kings
College, London (where he is currently studying, in his own time, for a PhD researching
the juridical meaning of arbitration) and is a Commissioner of the Foundation for
International Arbitration.
Franco Mastrandrea
Franco Mastrandrea is Chairman and Managing Director of Northcrofts Management
Services Ltd which specializes in dispute resolution in construction, both in the UK and
overseas, particularly in relation to management, time and quantum issues.
He was for some time a partner in Northcrofts, the international quantity surveying
practice, where he started his professional career. He has acted as expert witness (both
party-appointed and single expert) on a variety of construction disputes, both at arbitration and litigation. He is a CEDR registered mediator and a Panel Adjudicator on the
list of the Chartered Institute of Arbitrators, the Royal Institution of Chartered
Surveyors, CEDR and the Chartered Institute of Building. He is a Chartered Arbitrator
and has acted as arbitrator on numerous construction disputes and served as chairman
of a dispute resolution board.
Ian Wright
Ian Wright is a barrister at Crown Oce Chambers in London, specializing in building,
engineering, railways, and other technical and commercial work, and professional
negligence claims against architects, engineers and surveyors. He is also a chartered
civil and structural engineer, and was a consulting engineer in private practice prior to
being called to the Bar. His specialist engineering experience includes the design of building structures and components, foundation construction in dicult ground conditions,
and the investigation and appraisal of buildings. He has acted as an engineering adviser
and expert engineer in litigation and arbitration proceedings. He is a Member of Council
of the Institution of Structural Engineers and sits on its Professional Conduct Committee, and is a Committee Member of TECBAR.
www.constructionlawhandbook.com

2007 edition

lv

Ian Wright has wide experience of dispute resolution; as an engineer acting as the
Contract Administrator or the Engineer under standard form and ad hoc contracts; as
counsel in litigation, arbitrations, adjudications and mediations; and as an adjudicator
and mediator. He is a Fellow of the Chartered Institute of Arbitrators and accepts
appointments as an arbitrator, and is an adjudicator (accredited by TECBAR) and a
mediator (accredited by the Academy of Experts).

lvi

2007 edition

www.constructionlawhandbook.com