1. AN AGREEMENT TO AGREE IS UNENFORCEABLE – OR IS IT?
An agreement to agree is not enforceable. For example, in a sale of goods contract, price is an essential ingredient, and if still to be agreed between the parties,...more
1. SUPREME COURT PUTS COLLATERAL WARRANTIES IN THEIR THEIR PLACE -
Can a collateral warranty be a "construction contract" under the Construction Act, an agreement for the carrying out of construction operations?...more
10/1/2024
/ Arbitration ,
Building Standards ,
Construction Contracts ,
Construction Disputes ,
Construction Industry ,
Construction Litigation ,
Construction Project ,
Contract Terms ,
General Contractors ,
Housing Developers ,
Late Payments ,
Safety Standards ,
Service Agreements ,
Subcontractors ,
UK
NEGATIVE CERTIFICATE AND OVERPAYMENT: CAN AN EMPLOYER GET ITS MONEY BACK?
An adjudicator ruled that a contractor had been overpaid on an interim payment cycle and should repay the overpayment to the employer. In...more
1. "Smash & grab" claim + true value claim = one adjudication dispute, or two?
A subcontractor resisting enforcement of an adjudication award claimed that the adjudicator had exceeded their jurisdiction....more
2/26/2024
/ Building Codes ,
Construction Contracts ,
Construction Disputes ,
Construction Project ,
Fraud ,
Good Faith ,
Limited Liability ,
Real Estate Development ,
Regulatory Requirements ,
Risk Management ,
Safety Standards ,
Subcontractors ,
UK