The value of UK construction disputes fell by 12{0a6a65c996ed4169444354e707b897cdb00dbefc1d0429e8febb9bf11027ba53} in 2015 according to Arcadis’ Global Construction Disputes Report 2016. The findings indicate a greater willingness to mediate before the onset of formal proceedings says the report. The UK is also…read more
Negligent valuation damages overturned by Court of Appeal
The Court of Appeal has overturned an award of €32 million damages against valuation surveyor, Colliers International. The Court decided that Collier’s valuation of a commercial property was not negligent. The case has, however, left the door open for future…read more
Disputed valuation claim dropped
A negligent valuation claim against a surveyor has been dropped in the High Court. Special purpose vehicle issuer, White Tower, claimed that Colliers had overvalued five London office properties which formed part of a commercial mortgage backed securities (CMBS) portfolio. …read more
Failure to obtain planning permission results in contract dispute
Failure to secure conservation area planning permission led to a dispute which landed an employer and their building contractor in court. The case demonstrates the risks of taking on a construction contracts where responsibility for obtaining permissions has not be…read more
Forged mortgage discharge results in court case
A forged mortgage discharge form could land the representatives of a closed property conveyancer in court. A court has ruled that the Land Registry can sue conveyancing firm, Caffrey & Co, after a mortgage was fraudulently discharged. The ruling means…read more
Olympics arbitrator removed from multi-million pound dispute
Getting too close to an arbitrator should start sounding warning bells for construction firms, after a well-known arbitrator was removed from a multi-million pound dispute. The case centred on an arbitrator who had worked regularly with the same firm, frequently…read more
Adjudication disputes
Construction adjudicators can only decide one dispute at a time under the Scheme for Construction Contracts (the “Scheme”) unless explicit consent is given by both parties, the Technology and Construction Court has ruled. The decision is likely to impact how…read more
International office measurement standard obligatory for RICS members
New property measurement standards have come into force. From 1 January 2016, RICS professionals must follow the RICS Property Measurement Professional Statement when they measure office accommodation. New rules are also being developed for measuring residential, industrial and retail property….read more
Negligent valuation case time-barred says Court
A surveyor has escaped a claim for negligent valuation after the Court decided that the case was brought too late. It is increasingly difficult for lenders to successfully bring claims against surveyors for losses incurred during the 2007-08 global financial…read more
Principal Designers must think carefully about new responsibilities warns Brunel.
The new Construction (Design and Management) Regulations 2015 (CDM 2015) came into full force on 6 October 2015. All commercial construction projects with more than one contractor must now have a Principal Designer and Principal Contractor responsible for health and…read more
