Get it in writing before work starts

By Christopher Filor2018-10-25T06:00:00

Failing to execute a formal contract risks severe exposure in the face of a defects claim, warns Christopher Filor

A recent Court of Appeal case that was a close call for the successful appellant, Arcadis, reinforces the strong message that in all cases where work starts before a final contract is signed, it is extremely unwise to proceed without a full and detailed agreement in the hope that the law will subsequently come to the rescue by implying appropriate protections such as caps on liability.

The decision, Arcadis Consulting (UK) Ltd vs Amec (BSC) Ltd [2018] EWCA Civ 2222, is a recent Court of Appeal decision following the Technology and Construction Court (TCC) hearing in October 2016. The case centred on the age-old problem of construction operations starting before the parties have concluded a definitive agreement on the terms of the contract.

…

Already registered? Login here

To continue enjoying Building.co.uk, sign up for free guest access

Existing subscriber? LOGIN

Stay at the forefront of thought leadership with news and analysis from award-winning journalists. Enjoy company features, CEO interviews, architectural reviews, technical project know-how and the latest innovations.

Limited access to building.co.uk
Breaking industry news as it happens
Breaking, daily and weekly e-newsletters

Get your free guest access SIGN UP TODAY

Subscribe now for unlimited access

Subscribe to Building today and you will benefit from:

Unlimited access to all stories including expert analysis and comment from industry leaders
Our league tables, cost models and economics data
Our online archive of over 10,000 articles
Building magazine digital editions
Building magazine print editions
Printed/digital supplements

Subscribe now for unlimited access.

View our subscription options and join our community