An afternoon of Construction Seminars – Tuesday 11th July at Hotel du Vin
3:00 PM Registration
3:30 PM – 5:35 PM Seminars followed by drinks from 5:35 PM
RSVP: seminars@4newsquare.com
3:30 PM What does the contract mean (and is that what we intended)? An update on contractual construction, implied terms and estoppel in the light of Sutton Housing Partnership Limited v Rydon Maintenance Limited, Balfour Beatty Regional Construction Limited v Grove Developments Limited and Costain Limited v Tarmac Holdings Limited – by Ben Patten QC, Nicola Shaldon and Benjamin Fowler
4:15 PM Out of Time? Limitation and Construction Claim: Points to Take and Traps to Avoid This paper looks at limitation periods on contract and tort against various parties to construction and engineering projects. It explains the formal requirements, often overlooked, needed for a contra to be under seal. Then the time when contractors and professionals breach their contracts is analysed with a discussion of when a breach will be continuing. This leads to a discussion of how many claims/causes of action and so limitation periods there may be in claims against contractors and professionals. Turning to limitation in negligence, the paper looks at when time will run in a claim in negligence against a contractor and in a claim against a professional adviser (with a re-appraisal of the leading case of Pirelli). Finally the question of latent damage is considered – by Mark Cannon QC and Timothy Chelmick
4:55 PM The Liability of Joint Insureds in Construction Contracts After the Supreme Court Decision in Gard Marine Construction contracts frequently contain carefully worked out provisions to allocate the risk of certain types of loss, including obligations to obtain insurance for the joint benefit of employer, contractor and (sometimes) sub-contractors. This seminar looks at the way in which these arrangements have been approached by the courts and in particular focuses on the tensions between Tyco v Rolls Royce and the recent Supreme Court decision in Gard Marine v China National Shipping, and the impact of these decisions on potential claims between the various parties – by Neil Hext QC and Alison Padfield
5:35 PM Drinks