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mills & reeve: practical completion mills & reeve: practical completion subscribe in a reader enter your email address: delivered by feedburner construction helpline email our lawyers at [email protected] for advice and answers to your construction law questions. mills & reeve: practical completion practical completion offers you regular updates and commentary on the latest legal news affecting anyone working in the construction and engineering industry. the blog posts are written by our team of specialist construction and engineering lawyers at top 50 uk law firm, mills & reeve llp . please get in touch if you have any suggestions or feedback about this blog. further resources you may also be interested in these other mills & reeve resources: construction and engineering law articles construction and engineering law seminars planning law blog procurement law seminars procurement portal and public procurement law blog real estate law blog practical completion disclaimer the information on this blog is not intended to be legal advice. you should not rely on it and we don't accept liability in connection with it. please read our full disclaimer and let us know if you would like us to advise on any legal issue. specific advice should be sought for specific problems. x this website uses cookies to help provide you with a good experience when you browse through our blogs and to distinguish you from other users. learn more about typepad's policy here. when does limitation start to run for bringing a contribution claim? mills & reeve has recently acted for the successful party, r.g. carter building limited (“r.g. carter”), in the technology and construction court, on the issue of when the period for bringing a contribution claim under the civil liability (contribution) act 1978 (“the act”) begins. the issue was whether time runs from the date when the settlement is agreed in principle or when the terms of settlement are finally agreed. under the limitation act 1980, proceedings for a contribution under the act must be issued within 2 years from the date on which the right to bring proceedings accrues. the right accrues, where there is a settlement rather than a judgment, upon the agreement to pay compensation. in this case the settlement did not involve the payment of any money. instead r. g. carter agreed to undertake certain remedial work. it is already established that a party can, under the act, seek a contribution towards the cost of a payment in kind [1] . the agreement to undertake remedial works was reached, in principle, between r. g. carter and lincolnshire county council (“lcc”) in april 2015. from then until the 29 june 2015, when the parties signed a settlement agreement, lcc and r.g. carter negotiated the terms of the settlement including exactly what work would be done and when it would be done. all correspondence during this period between the parties was headed without prejudice and subject to contract. after settling with lcc, and after the remedial works were completed, r. g. carter brought contribution proceedings against the designer, kier business services limited (“kier”), having first agreed a standstill agreement, to stop limitation running, on 28 april 2017. kier tried to argue that that the period for bringing a claim for a contribution had expired before the proceedings were issued (i.e. before 28 april 2015). the court decided that the 2 year limitation date only starts to run from the date of a binding agreement as to the amount of the compensation payment and that binding terms were only agreed upon the execution of the settlement agreement on 29 june 2015. the full judgment can be read here: http://www.bailii.org/ew/cases/ewhc/tcc/2018/729.html rg carter building ltd v kier business services ltd [2018] ewhc 729 (tcc) [1] bake & davies plc v leslie wilks associates posted by alison garrett on 11/06/2018 at 10:26 am | permalink | comments (0) final grenfell tower report published the independent review by dame judith hackitt into building regulations and fire safety, set up following the grenfell tower fire, has published its final report. the report makes many recommendations including: setting up a new regulatory framework for multi-occupancy higher risk residential buildings (hrrbs) of ten storeys or more in height. the new framework will involve a new joint competent authority (jca) including local authority building control (to be renamed “local authority building standards” (labs)), fire and rescue authorities and the health and safety executive (hse). the jca is to oversee the management of safety risks in hrrbs for their whole life cycle; a stricter regime to oversee the construction of hrrbs, that clarifies the role of labs and the role of any approved inspector; and a greater focus on safety during the occupation of a building, to include a way for tenants to raise concerns. the government has said it is committed to implement the report, which will require new legislation. although it has not stipulated a strict timetable, the government has asked anyone with comments on how to achieve the report’s recommendations to contact it by the end of july. in addition, the media has highlighted that the report does not recommend a ban on the use of flammable cladding for high-rise buildings. the government has responded by announcing a consultation on flammable cladding.” posted by caroline foster on 31/05/2018 at 05:30 pm | permalink | comments (0) the oral variation of a contract and a ‘no oral modification’ clause the supreme court confirmed that a no oral modification (“nom”) clause is legally effective. the parties in this case were not able to agree orally that the a contract should be varied, which would have been an oral variation to dispense with the nom clause. only a written variation sufficed to vary the contract. what the judgment emphasises is that, when varying a contract, parties should note: whether the contract they wish to vary includes a nom clause; and whether the contract prescribes for a mechanism by which the contract will be varied. the parties should abide by the nom clause and any other provisions of the contract in order to effectively and enforceably vary the contract. if parties dispute the oral variation of a contract that contains a nom clause, the party relying and acting upon on such oral variation will have to turn to the various doctrines of estoppel for support. but, the extent to which estoppel can rescue a party is limited. as lord sumption noted: “ the scope of estoppel cannot be so broad as to destroy the whole advantage of certainty for which the parties stipulated when they agreed upon terms including the no oral modification clause ”. managing all variations in writing can be difficult in a construction context where a lot of the communications are more informal, and parties should think carefully before including a nom clause in their contracts. rock advertising ltd v mwb business exchange centres ltd [2018] uksc 24), posted by alexandra pike on 31/05/2018 at 01:16 pm | permalink | comments (0) bonds and guarantees: it’s your call following the demise of carillion, the bond market has come under a lot of pressure. as one would expect, bond providers continue to insist on ‘secondary’ instruments rather than the more onerous ‘primary’ instrument. bond providers are also keen to reject calls made on security instruments. in the recent case of tetronics v hsbc (2018), the court confirmed the importance of making a valid call and that the fraud exception would apply in extraordinary circumstances only. in tetronics , hsbc rejected the first call made by blue oak because it was set out in a single document, rather than two separate documents. blue oak issued a second call. hsbc decided that the second call also failed to meet all the conditions set out in the security instrument: it was not particularised; it did not identify the signatory and it

URL analysis for practical-completion.co.uk

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publications.parliament.uk
property-matters-law.co.uk

Whois Information

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Domain name:
practical-completion.co.uk

Registrant:
Mills & Reeve LLP

Registrant type:
UK Limited Company, (Company number: OC326165)

Registrant's address:
Botanic House
100 Hills Road
Cambridge
Cambridgeshire
CB2 1LQ
United Kingdom

Data validation:
Nominet was able to match the registrant's name and address against a 3rd party data source on 05-Feb-2013

Registrar:
Virgin Media Business Ltd t/a Virgin Media Ltd [Tag = NTLTELEWESTBUS]
URL: http://www.virginmediabusiness.co.uk

Relevant dates:
Registered on: 22-Dec-2010
Expiry date: 22-Dec-2017
Last updated: 24-Nov-2016

Registration status:
Registered until expiry date.

Name servers:
ns1.virginmedia.net
ns2.virginmedia.net
ns3.virginmedia.net
ns4.virginmedia.net

WHOIS lookup made at 16:28:03 02-Nov-2017

--
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  REFERRER http://www.nominet.org.uk

  REGISTRAR Nominet UK

SERVERS

  SERVER co.uk.whois-servers.net

  ARGS practical-completion.co.uk

  PORT 43

  TYPE domain

OWNER

  ORGANIZATION Mills & Reeve LLP

TYPE
UK Limited Company, (Company number: OC326165)

ADDRESS
Botanic House
100 Hills Road
Cambridge
Cambridgeshire
CB2 1LQ
United Kingdom
Data validation:
Nominet was able to match the registrant's name and address against a 3rd party data source on 05-Feb-2013

DOMAIN

  SPONSOR Virgin Media Business Ltd t/a Virgin Media Ltd [Tag = NTLTELEWESTBUS]

  CREATED 2010-12-22

  CHANGED 2016-11-24

STATUS
Registered until expiry date.

NSERVER

  NS1.VIRGINMEDIA.NET 62.253.162.237

  NS2.VIRGINMEDIA.NET 194.168.4.237

  NS3.VIRGINMEDIA.NET 62.253.162.37

  NS4.VIRGINMEDIA.NET 194.168.4.33

  NAME practical-completion.co.uk

DISCLAIMER
This WHOIS information is provided for free by Nominet UK the central registry
for .uk domain names. This information and the .uk WHOIS are:
Copyright Nominet UK 1996 - 2017.
You may not access the .uk WHOIS or use any data from it except as permitted
by the terms of use available in full at http://www.nominet.uk/whoisterms,
which includes restrictions on: (A) use of the data for advertising, or its
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or hiding any or all of this notice and (C) exceeding query rate or volume
limits. The data is provided on an 'as-is' basis and may lag behind the
register. Access may be withdrawn or restricted at any time.

  REGISTERED yes

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