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Vol 24 No 2 Feb/March 2019

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Keating on Construction Contracts 10th ed: 2nd Supplement (eBook)

ISBN13: 9780414067936
Published: June 2018
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: eBook (ProView)
Price: £124.00 + £24.80 VAT
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The second supplement to the 10th edition of Keating on Construction Contracts brings the text completely up-to-date across all areas, including commentary on the major changes introduced by the NEC4 and the 2017 FIDIC suite of forms.

Key decisions and cases covered in the supplement include:

From the Supreme Court:

  • MT Højgaard A/S v E.ON Climate and Renewables UK Robin Rigg East Ltd, concerning the relationship between a fitness for purpose obligation and other specific obligations in complex contractual documents in relation to a wind farm;
  • Nuclear Decommissioning Authority v EnergySolutions EU Ltd, on public procurement; Wood v Capita Insurance Services Ltd in which principles of construction of contracts were again considered;
  • Sutradhar v National Environment Research Council and Robinson v Chief Constable of West Yorkshire (the basis for establishing negligence liability) Gabriel v Little on losses recoverable for breach of a duty of care; and
  • IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation on the ability to impose a condition of security when enforcing a New York Convention award.
From the Court of Appeal:

  • Transocean Drilling UK Ltd v Providence Resources Plc and Persimmon Homes Ltd v Ove Arup & Partners Ltd construing exclusion clauses and use of the contra proferentem rule;
  • Burgess v Lejonvarn [2017] on the scope of duty of care owed for gratuitous services; Carillion Construction Ltd v Woods Bagot Europe Ltd on extensions of time for delay after the date for completion;
  • Adam Architecture Ltd v Halsbury Homes Ltd on pay-less notices; and
  • Carillion Construction v Emcor Engineering on extensions of time.
Also included are the Court of Appeal decisions in

  • Narandas-Girdhar v Bradstock on relevance of deletions in construing documents;
  • Singularis Holdings Ltd v Daiwa Capital Markets Europe Ltd on illegality;
  • Kason Kek-Gardner Ltd v Process Components Ltd on forfeiture;
  • Ted Baker v AXA Insurance UK Plc on estoppel and duty to speak; and
  • First Abu Dhabi Bank PJSC v BP Oil International Ltd on dealing with assignment.
From the TCC:

  • Grove Developments Ltd v S&T (UK) Ltd on the ability to bring proceedings for the correct amount due for interim payments;
  • Costain Ltd v Tarmac Holdings Ltd on the meaning of acting “in the spirit of mutual trust and co-operation”;
  • Imperial Chemical Industries Ltd v Merit Merrell Technology Ltd on payment after termination;
  • North Midland Building Ltd v Cyden Homes Ltd on application of the prevention principle where the employer excludes extension of time for concurrent employer’s delay;
  • Fluor v Shanghai Zhenhua Heavy Industry Co Ltd on liability arising from global settlements;
  • Ziggurat (Claremont Place) LLP v HCC International Insurance Co Plc and Doosan Babcock Ltd v
  • Comercializadora de Equipos y Materiales Mabe Lda on bonds;
  • Borough of Milton Keynes Claimant v Viridor (Community Recycling MK) Ltd on rectification;
  • Mailbox (Birmingham) Ltd v Galliford Try Construction Ltd on assignment;
  • Riva Properties Ltd v Foster + Partners Ltd on liability for value engineering;
  • Bank of Ireland v Watts Group Plc on liability of quantity surveyors;
  • Alstom Transport UK Ltd. v London Underground Ltd (1) Transport for London (2) on lifting of suspensions in public procurement cases;
  • Bombardier Transportation Ltd v Merseytravel on confidentiality in public procurement claims;
  • Ian Rollitt (t/a CD Consult) v Christopher Ballard and Squibb Group Ltd v Pole 2 Pole Scaffolding Ltd on liens over arbitral awards and time for appeals;
  • Equitix ESI CHP (Wrexham) Ltd v Bester Generacion UK Ltd on preparatory work for construction operations;
  • Dacy Services Ltd v IDM Properties LLP on agreement of adjudicator and waiver of objection to jurisdiction;
  • Jacobs UK Ltd v Skanska Construction UK Ltd on costs in adjudication proceedings;
  • Clin v Walter Lilly & Co Ltd on obtaining consents as acts of prevention; and
  • Octoesse LLP v Trak Special Projects Ltd on obligation to issue a certificate of non-completion.