UK

Adam Robb KC and Jess Connors

March 2024

A paper presented to the Society of Construction Law in Manchester on 1st February 2024

This paper identifies some key issues from 2023 construction cases, in particular in relation to limitation. In URS Corporation v BDW Trading Ltd, the Court of Appeal looked at when a cause of action accrues, grappling with Pirelli v Oscar Faber, and the question of whether a developer can be owed a duty under section 1 of the Defective Premises Act 1972.

Christopher R Seppälä

September 2023

A paper presented to the Society of Construction Law in London on 5th December 2023

The paper describes a striking difference between the common law and the civil law, which is the existence in French civil law of the right of the contractor to make claims against a state entity on grounds that have no counterpart in the common law. This will apply in the case of contracts with state entities, regardless of whether or not it is provided for in the contract.

The first prize winning entry in the Hudson Essay Prize 2020 which was presented to the Society of Construction Law on 7th September 2021.

This paper assesses the Hudson formula, a formula created over 50 years ago that provides a means of calculating a contractor’s lost contribution to head-office overheads and profit as a result of delays to completion of a construction project.

Gavin Wilson

June 2023

A paper based on the commended entry in the Hudson Prize essay competition 2022

The paper looks at the issue of whether a penal liquidated damages clause can operate as a cap on general damages. It summarises the law on penalties and examines two recent TCC cases: Eco World, in which O’Farrell J stated obiter that a penal liquidated damages clause would cap a claim for general damages, and Buckingham, in which Mr Nissen KC stated obiter that general damages would be uncapped.

John Tackaberry KC

March 2023

A paper based on a presentation to the Society of Construction Law on 5th April 2022 at the Memorial Talk for John Sims and Ray Turner, founding members of the Society. 

Rowan Planterose

March 2023

A paper based on a presentation to the Society of Construction Law on 5th April 2022 at the Memorial Talk for John Sims and Ray Turner, founding members of the Society, and updated following the Law Commission’s Review. 

John Tackaberry KC

February 2023

A paper presented at the Irish Conference of the Society of Construction Law in Dublin on 24th November 2022