In an interesting case, the burden of proof was revisited by the courts in further detail.
As always, we followed with interest…
The question of ‘where does the burden of proof lie’ was revisited in this case and the answer seems to be where the law placed it!
Details
A superb opportunity has opened for an experienced and highly professional Quantity Surveyor to work with one of our valued clients.
The construction sectors across which this role will cover include Highways, Earthworks, Infrastructure, Structures, River and Sea Defence.
So What Constitutes ‘Practical Completion’?
The answer really depends upon the form of contract under which the works are being delivered. However, the general understanding across the industry is that Practical Completion (or ‘PC’ as it is also known) marks the end of the Substantive Works and the commencement of the defects liability period.
Clancy Docwra Ltd (“CDL”) v E.ON Energy Solutions Ltd (“EON”) [2018] EWHC 3124 As some of our followers may be aware, a chapter of my contracting career was spent as the Managing Director of a nationwide trenchless contractor. I have therefore led many disputes concerning unforeseen ground conditions and as such am an avid follower…
Details
The statistics for the payment of retentions within the construction sector, although ever-changing, do not make good reading. Some argue, due to poor compliance by a number of firms within the supply chain, retentions could be regarded as the main contract discount (as all too often are never to be seen again!). From October 2017…
Details