Director, Blue Sky ADR
By Peter Barnes FCIArb FCIOB MCInstCES Mice MRICS
Director, Blue Sky ADR
During a period whilst working in the USA, an Architect became involved with the design of skyscrapers on fast track programmes. Through that experience, it became apparent to him that if all the parties worked together collaboratively, the construction process could be planned in advance and then carried out to an agreed schedule. When he returned from the USA, he could see the weaknesses in the UK construction industry. He saw an adversarial and wasteful industry in which construction took too long, was too expensive and was not satisfactory for its clients; and, because of that, he became an advocate for change.
Matthew Harding (t/a MJ Harding Contractors) v Paice and Springall  EWCA Civ 1231
In the very recent case of Persimmon Homes Ltd & Others v Ove Arup & Partners Ltd & Others  EWHC 3573 (TCC), Mr Justice Stuart-Smith helpfully set out the latest established principles in respect of the interpretation of contract terms. In that judgment he reiterated that the overarching objective for the Court is to identify the intention of the parties, something that may be achieved by determining "what a reasonable person having all the background knowledge which would reasonably have been available to the parties would have understood the parties to have meant".
DEDUCTION OF LIQUIDATED DAMAGES WHERE A CA HAS NOT MADE A DECISION IN RESPECT OF A CONTRACTOR'S EOT CLAIM.
A query that is often raised is, can an Employer under a standard JCT contract make a deduction for Liquidated Damages in a case where a Contract Administrator has not made a decision in respect of a contractually compliant application for an extension of time submitted by a Contractor?
Please find attached an article that our Director, Peter Barnes, has recently had published in the ‘Construction Law Review’.
We are very pleased to announce that one of our Directors, Peter Barnes, has co-authored a book titled ‘Programme Management in Construction’ which was published by ICE Publishing in January of this year (2015). The book provides a comprehensive introduction to the application of programme management in the construction industry, demonstrating detailed coverage of programme management techniques through best practice guidance and case study examples.