2017 Digest and Christmas Holidays

22 December, 2017
by: Cripps Pemberton Greenish

2017 has seen some important updates and changes in construction law and the industry.  In particular, highlights have included:

(a) A Supreme Court decision on fitness for purpose and specifically whether a design and build contractor is liable to use the same degree of skill and care as a professional designer in designing the works; or is it warranting that the design will work irrespective of whether the contractor has been negligent?

(b) Court guidance on whether parties can allocate the risk of concurrent delay.

(c) A Court of Appeal decision highlighting that, in commercial contracts, parties are free to make their own bargains to exclude or cap liability as they wish and gave short shrift to a ‘contra-proferentem’ argument.

Please do click on the links above if you wish to read more or remind yourself of our teams’ thoughts on those decisions.

We will be back in the New Year with more posts on developments in the law relevant to the construction industry but for now the Construction Team at Cripps Pemberton Greenish would like to wish our readers a happy Christmas and a successful New Year.