All articles by David Bebb
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CommentParkwood Leisure Ltd vs Laing O’Rourke Wales and West Ltd: Collateral warranties as construction contracts
This decision may lead to contractors and subcontractors trying to limit the number of warranties being given
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CommentVariations of a guarantee: Aviva Insurance UK Limited vs Hackney Empire Limited
Did HEL’s agreement to make payments to STC “on account” vary the building contract and prejudice Aviva’s position such that it was discharged from the bond?
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Archive TitlesAll reasonable endeavours: Jet2.com Ltd vs Blackpool Airport Ltd
If your contract has an endeavours clause on it, all parties need to be clear on its objective
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CommentProcurement of a performance bond: Sweett (UK) Ltd vs Michael Wight Homes Ltd
This case acts as a warning to consultants regarding what their obligations are with regards to obtaining bonds from contractors
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CommentPayment terms under NEC3: SGL Carbon Fibres Ltd vs RBG Ltd
This case found that an employer bore the burden of proof when seeking to recover alleged overpayments to a contractor under NEC3
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CommentContract interpretation: Kookmin Bank vs Rainy Sky SA & others
This case showed that the courts will recognise the interpretation of a contract that is most consistent with business common sense
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CommentSettled agreements: Thameside Construction Company Ltd vs Arthenella Ltd
This case highlights the importance of caution when entering settled agreements, and that once accepted, an offer to settle cannot be picked apart
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CommentVariations of a guarantee: Hackney Empire Ltd vs Aviva Insurance UK Ltd
This case highlights what can happen when employers enter into side agreements with contractors, as these agreements may not be covered by the bond
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CommentDamages: Harrison vs (1) Shepherd Homes (2) National Housebuilding Council (3) NHBC Building Control Services
This case looks at Damages in respect of defective work, loss of amenity, distress and ilegnconvenience
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CommentAdjudication clauses: Profile Projects Ltd vs Elmwood (Glasgow) Ltd
Although this is a Scottish decision (and so not directly binding on English courts) it is interesting for two reasons