I was pleased to join the solicitors of Trowers and Hamlins recent for their podcast recording, ‘legally brief’ on final statements and recent case law. In this episode, I joined Olivia Jenkins. Olivia hosted construction industry experts Theresa Mohammed and fellow barrister, Ruth Keating of 39 Essex Chambers.
[Read more…]Wilmot-Smith on Construction Contracts Podcast 9
Restitution
In this episode, Paul Darling QC and Frederick Wilmot-Smith discuss Chapter 3: Restitution. The Chapter seeks to explain Restitution from First Principles. Paul and Fred discuss the recent developments which the Chapter captures and prospects for the next years. The discussion is wide-ranging, covers life at the Bar, as an academic and touches on being the son of the book’s General Editor Richard Wilmot-Smith QC.
Click here to listen to the first 8 podcasts.
To find out more about what Paul Darling QC has been involved with recently click here.
Wilmot-Smith on Construction Contracts Podcast 4
Certificates and Payment
On the 21st July, Paul Darling QC was joined by David Sawtell to discuss his chapter on certificates and payment in Wilmot-Smith on Construction Contracts:
- The impact of the decision of the Supreme Court in Braganza v BP Shipping Ltd [2015] UKSC 17, [2015] 4 All ER 639 on certificates and payment in construction projects.
- The historical changes and developments in the law relating to certificates, and how this affects construction payment today.
- The power generation ‘carve out’ from the Housing Grants, Construction and Regeneration Act 1996 and the extent to which this is sustainable in the future.
Click here to listen to Podcast 1 about Exclusions and Limitations on Liability and Podcast 2 Adjudication.
To find out more about what Paul Darling QC has been involved with recently click here.
Wilmot-Smith Construction Contracts Podcast 6
Time for Completion
(This podcast was recorded before judgement of Supreme Court in Triplepoint)
In this episode, Paul Darling is joined by Nicholas Higgs to discuss the updates to Chapter 11: Time for Completion in Wilmot-Smith on Construction Contracts. In particular, they discuss the status of the penalty doctrine after Cavendish/Parking Eye, guidance on practical completion from Mears and the application of liquidated damages after termination following Triple Point. The latter case was before the Supreme Court in November 2020 and the judgment is eagerly anticipated for the updates to the fifth edition of the book.
Catch up on the previous podcasts here.
To find out more about what Paul Darling QC has been involved with recently click here.
Wilmot-Smith on Construction Contracts Podcast 5
Standard Forms
On the 27th July, Paul Darling was joined by John Denis-Smith to discuss his chapter on standard form contracts in Wilmot-Smith on Construction Contracts. This episode will look at developments in the law in respect of JCT and NEC forms and how it could continue to develop.
- Cases showing the importance of completing the forms (Grove Developments Ltd v Balfour Beatty Regional Construction Ltd [2016] EWCA Civ 990; Mears Ltd v Shoreline Housing Partnership Ltd [2015] EWHC 1396 (TCC))
- Cases such as concerning express obligations of ‘mutual trust and co-operation’ (Costain Ltd v Tarmac Holdings Ltd [2017] EWHC 319 (TCC))
- Cases where the court’s interpretation of a provision is not quite what may have been intended, such as NEC compensation events (Northern Ireland Housing Executive v Healthy Buildings (Ireland) Ltd [2017] NIQB 43; Imperial Chemical Industries Ltd v Merit Merrell Technology Ltd (No 3) [2018] EWHC 1577 (TCC), 178 Con LR 89
Catch up on Podcast 1, Podcast 2 and Podcast 3 of this series.
To find out more about Paul Darling QC and what he has been involved with recently click here.
