Construction and engineering News for: Christopher Aylwin

3PB Construction barrister Nicholas Kaplan analyses the decision in Grove Developments v S&T: will Smash and Grab now Crash and Burn?

22nd March 2018

Construction Barrister Nicholas Kaplan examines Coulson J’s rejection of the notion that by failing to respond to an interim payment notice a Payer under a construction contract is “deemed to agree” the sum applied for [115-117]. Instead, by operation of the contract and/or terms implied by the Scheme,  the Payer must immediately pay the sums applied for, but may, at any time after payment, commence an adjudication to determine the true value of the works...

Head of 3PB’s Construction and Engineering group Peter Collie has completed a Master of Laws (LLM) at Nottingham Trent University. Peter will formally graduate with Distinction in June 2017. Peter’s new qualification adds further depth and strength to the advice and service he delivers, especially internationally. Peter, who is a dual qualified construction professional and barrister with 38 years’ experience in the construction industry is also a qualified arbitrator (FCIArb), a Fellow of the Chartered Institute...

3PB Construction barrister Paul Newman is to give a lecture on "Expert Witness Cases - Forgotten or perhaps not read?" at the Society of Construction Law in Cardiff on 20 July 2017. Paul's talk will consider the trap of the expert getting too close to the paying party, when is an expert actually needed and the challenges of ‘hot tubbing’ – what guidance have the Courts given so far? For more details or to book...

The Court of Appeal has held in Burgess v. Lejonvarn [2017] EWCA Civ 254 that an architect and project manager who supplied her professional services to friends, free of charge and without entering into a contract, nonetheless owed them a duty in tort to exercise reasonable skill and care. On the facts, the parties had understood the context of their relationship to be professional, not informal or social. The duty arose on the basis of...

Many thanks to everyone who attended our Construction Law Breakfast at The Glassboat, Bristol on 16 March, with presentations from Paul Newman and James Davison. Feedback indicated that the presentations were informative and delegates enjoyed the hot bacon rolls. We welcomed your kind and appreciative feedback and the audience contributions to the question and answer session. Our upcoming events will be posted on 3PB's events page. We look forward to welcoming friends, both old and...

On 24th November 2016 (London) and 24th January 2017 (Birmingham) HHJ Frances Kirkham presented a talk for the Society of Construction Law and TECBAR entitled ‘Can we trust the experts; focusing on expert evidence in ADR processes’. A proposal was advanced that experts in ADR should provide a declaration, similar to that in CPR 35, to ensure that faith could be had in their evidence. The name of the declaration was chosen by HHJ Kirkham...