UK

What if Construction can Change? How a ‘Green Thread’ of environmental responsibility may help to address legal liability issues associated with reuse

Mariya Rankin

July 2024

A paper based on the highly commended entry in the Hudson Prize essay competition 2023

The paper considers how the law of England and Wales might soon have to adapt to enable a Green Thread of environmental responsibility and overcome issues of legal liability associated with the concept of reuse in construction. The paper states that the pressing need to increase the reuse of building materials and elements means that the attitude of survivalism that has prevailed in the construction industry is no longer sufficient.

Enforcing Mediation and ADR Agreements in International Construction Contracts: Transnational Principles and Comparative Perspectives

Shouyu Chong

July 2024

A paper based on the second prize winning entry in the Hudson Prize essay competition 2023

This paper asks whether the parties’ autonomy to subject themselves to mediation and ADR provisions is limited because such provisions may prove to be unenforceable in court. The arguments presented bridge the gap in understanding the enforcement of mediation and ADR provisions, particularly from a transnational perspective.

The Lesser of Two Evils? Comparative Analysis of how Common Law Jurisdictions Approach Accrual of Causes of Action in Negligence Post-Pirelli

William Haslam

July 2024

A paper based on the winning entry in the Hudson Prize essay competition 2023 and presented to the Society of Construction Law on 2nd July 2024

The recent case of URS Corp v BDW Trading Ltd asks the question: when does a cause of action accrue in tort for a defectively designed building where no damage has yet occurred? The starting point for this question is the House of Lords decision in Pirelli General Cable Works Ltd v Oscar Faber & Partners.

Part 8 and Adjudication Enforcement

Andrew Singer KC

April 2024

A paper presented to the Society of Construction Law in Guildford on 29th February 2024

The paper provides an overview of the TCC’s summary procedure for enforcing unpaid adjudication awards and analyses one approach to challenging such awards which has been employed by non-paying parties: use of a Part 8 claim, to seek the court’s final determination of a self-contained legal issue which arose in the adjudication.

Claims Outside the Contract from a Common Law Perspective

Robert Fenwick Elliott

March 2024

A paper presented to the Society of Construction Law in London on 5th December 2023

The paper suggests a scenario – you act for a contractor who has not been paid for his work. You read the contract and find no contractual entitlement. What should you do? The author’s suggestion is that you should run through a checklist of possible extra-contractual routes to recovery: misrepresentation, implied terms and damages for breach of contract, prevention/time at large, estoppel, impossibility, and penalty and relief from forfeiture.

Current Issues in Claims Against Construction Professionals

Adam Robb KC and Jess Connors

March 2024

A paper presented to the Society of Construction Law in Manchester on 1st February 2024

This paper identifies some key issues from 2023 construction cases, in particular in relation to limitation. In URS Corporation v BDW Trading Ltd, the Court of Appeal looked at when a cause of action accrues, grappling with Pirelli v Oscar Faber, and the question of whether a developer can be owed a duty under section 1 of the Defective Premises Act 1972.

Extra-Contractual Claims against State Entities under Civil Law

Christopher R Seppälä

September 2023

A paper presented to the Society of Construction Law in London on 5th December 2023

The paper describes a striking difference between the common law and the civil law, which is the existence in French civil law of the right of the contractor to make claims against a state entity on grounds that have no counterpart in the common law. This will apply in the case of contracts with state entities, regardless of whether or not it is provided for in the contract.

The Hudson formula: Death by Footnote?

The first prize winning entry in the Hudson Essay Prize 2020 which was presented to the Society of Construction Law on 7th September 2021.

This paper assesses the Hudson formula, a formula created over 50 years ago that provides a means of calculating a contractor’s lost contribution to head-office overheads and profit as a result of delays to completion of a construction project.

Cap or No Cap: A New Eco World for Liquidated Damages?

Gavin Wilson

June 2023

A paper based on the commended entry in the Hudson Prize essay competition 2022

The paper looks at the issue of whether a penal liquidated damages clause can operate as a cap on general damages. It summarises the law on penalties and examines two recent TCC cases: Eco World, in which O’Farrell J stated obiter that a penal liquidated damages clause would cap a claim for general damages, and Buckingham, in which Mr Nissen KC stated obiter that general damages would be uncapped.