Following the last update of PAS 91 in 2013, at the end of 2017, the British Standards Institute published the long-awaited amendment to the PAS 91 Prequalification Questionnaire used by many public sector construction clients. The amendments have been made to ensure that PAS aligns with new legislation, in particular the Public Contracts Regulations 2015 and the Construction (Design and
It is common for parties to a construction contract to apportion risk and limit liability by specifying the damages that one party will be obliged to pay to the other in the event of a breach. However, it is by no means straightforward to always capture commercial intentions with precise legal drafting, as demonstrated
We continue our look back at some of the more interesting or lesser reported cases from last year – in the spotlight this week, GB Building Solutions Limited (GB) v SFS Fire Services Limited (SFS).
Background
In 2009, GB Building Solutions Ltd (the main contractor) was engaged as a design and build contractor for
After the 2016 judgment in Lulu Construction Ltd (“Lulu”) v Mulalley & Co Ltd, the door on recovering costs in adjudication was ajar. The recent unreported case of Enviroflow Management Limited v Redhill Works (Nottingham) Limited may have closed it.
The issue is how the Housing Grants, Construction and Regeneration Act 1996
Cases such as ISG v Seevic[1] and Galliford Try v Estura[2] illustrate the problems that can occur when a payer fails to issue the required payment or payless notices. The aforementioned cases established the principle that where, in respect of interim payment applications, there is an absence of the appropriate notices, an adjudicator cannot deal with the issue
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