Construction and engineering disputes may be managed more efficiently in future following the introduction of a revised pre-action protocol. Time limits have been shortened, paperwork simplified and an independent referee introduced. The revised pre-action protocol for construction and engineering disputes…read more
Complaints about agents jump 32 per cent in a year
Complaints about estate agents and letting agents have leapt by 32{0a6a65c996ed4169444354e707b897cdb00dbefc1d0429e8febb9bf11027ba53} over the last year according to The Property Ombudsman’s annual report. The Ombudsman received over 16,000 complaints from the public and resolved more than 3,300, finding against agents in…read more
Architecture firm forced to reveal expert witness documents
Professional firms need to take great care in their dealings with expert witnesses in negligence cases or run the risk of handing an advantage to the other side. In a recent construction case one party was forced to hand over…read more
Adjudications breached rules of natural justice
Construction adjudicators must disclose their involvement in simultaneous disputes or risk their decisions being overturned. The Technology and Construction Court recently ruled that an adjudicator’s failure to disclose his involvement in two linked claims breached the rules of natural justice…read more
‘Portal juggling’ outlawed by Property Ombudsman
Estate Agents who remove and relist properties on portals to hide price discounts could be reported to Trading Standards under new rules announced by The Property Ombudsman. The practice, known as ‘portal juggling’ gives the impression that a property is…read more
New JCT construction contracts released
The first of the 2016 Joint Contracts Tribunal (JCT) construction contracts have now been released. The best-selling JCT Minor Works contracts are the first out of the blocks. The new contracts update the 2011 editions and introduce new terms covering…read more
£1.2 billion property portfolio over-valuation claim settled
A multi-million over-valuation claim arising from property lending in the run up to the global financial crisis has been settled out of court. Valuers CBRE and Warwick Street have settled with the owners of the £1.2 billion Gemini property portfolio…read more
Valuation surveyors on the hook for refinancing loans
Surveyors valuing properties for refinancing could be liable for the whole loan if their valuation is negligent, following a surprise Appeal Court decision. The case considered whether a firm of surveyors was liable for the ‘top-up’ amount of the refinancing…read more
Construction firm can recover costs of adjudication says Court
Construction firms may be able to recover their costs when they successfully take a claim to adjudication, following a Court ruling. In Lulu Construction Limited v Mulalley, the Court decided that an adjudicator was allowed to award ‘debt recovery costs’…read more
Landslide leads to disputed valuation
Missing the risk of landslide damage has left valuation surveyor E.Surv facing court action. The surveyor is being sued by sub-prime mortgage lender, Rooftop Mortgages, after a property it valued at £450,000 had to be abandoned. The home owners, William…read more
