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Legal terms explained: Assignment

An assignment is the transfer of an interest from one party (the assignor) to another (the assignee). Assignment allows the assignor to transfer the benefit of a contract to the assignee. For example, the tenant of recently built office premises may transfer the benefit of collateral warranties from the tenant to a subsequent tenant.

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Is Lulu something to ‘Shout’ about?

Guest editor Anthony Willis of DLA Piper foresees revived attention being given to the apparent conflict between late payments legislation and the Construction Act following a recent TCC case.

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Reports from the courts: December 2016

Our regular round up of court decisions of most interest to construction comes from Andrew Croft and Simii Sivapalan of Beale & Company Solicitors LLP, including a case involving the NEC3 sub-contract and a breach of natural justice; and one that again highlights that an adjudicator’s decision can be upheld regardless of errors of fact or law.

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Don’t trip over your footnotes

Contracts monitor Michael Phipps, Principal of Thurston Consultants, begins his scrutiny of the new version of the JCT Minor Works Building Contract. Much useful detail is revealed in footnotes, so be careful not to miss them, he urges.

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No get out of jail free card

Concurrent delay issues seldom arise but cause complex debate when they do. Michael Sharp and Emma Kurtovich of Herbert Smith Freehills analyse a recent case showing the importance of establishing causation.

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Expert evidence and construction claims

Digby Hebbard and Douglas Simpson of Fladgate LLP take an overview of the role of expert witnesses in construction disputes, providing practical advice on their selection and management. Neglect of either of these could be costly.

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Court clamps down on ‘smash and grab’

Akin Akinbode and Krystal Williams of Dentons discuss key cases that provide lessons in respect of the payment process. Smash and grab approaches will not always work, they warn.

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Oral contracts and oral variations

Oral contracts, part-oral contracts and variations can throw up difficult issues for adjudicators, raising the prospect of jurisdictional challenge when the existence of a contract is disputed. Frances Garratt of CMS explains the lessons to be learned from recent cases.

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Risks of occurrence in liability insurance

Insurance expert John D Wright of JD Risk Associates examines potential pitfalls from using words in policies that can have alternative meanings. Even the meaning of a word like ‘occurrence’ can be disputed.

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Whose plant is it anyway?

Inconsistent provisions in contracts frequently bedevil the question of who owns goods like construction plant on site. Catherine Piercy and Aileen McErlean of Hardwicke Chambers urge close attention along the supply chain to who actually has title.

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