Michael Gerard & Co. Chartered Building Consultancy
Michael Gerard & Co. Chartered Building Consultancy

Archive for the 'Briefings' Category

Statutory Adjudication: Tolent Clauses Kicked-out!

December 2010

Keywords: Bridgeway Construction Ltd –v– Tolent Construction Ltd (2000) CILL1662; Yuanda (UK) Co Limited –v– WW Gear Construction Limited [2010] EWHC 720 (TCC); Tolent clauses; Alternative Dispute Resolution; Adjudication; Housing Grants, Construction and Regeneration Act 1996; Construction Act; Statutory Adjudication
Costs incurred in Alternative Dispute Resolution, including mediation and adjudication, are […]

Pre-Action Costs

October 2010

Keywords: Section 51 of the Supreme Court Act 1981; re Gibson’s Settlement Trusts [1981] Ch 179; Ian McGlinn –v– Waltham Contractors Limited and others [2005] EWHC 1419 TCC; Lobster Group Limited –v– Heidelberg Graphic Equipment Limited and Close Asset Finance Limited [2008] EWHC 413 TCC; Pre-Action Protocol for Construction and Engineering […]

Retention of Title

July 2010

Protecting the seller - make it work for you
That well worn adage cashflow is king is reinforced during difficult economic times, yet no matter how vigilant a supplier is, there is always a risk of the purchaser’s insolvency once the goods are supplied.
No doubt a cautious supplier will already be taking the usual steps to […]

The Cheque Rule

June 2010

Just paid your supplier for goods and/or services but now want to stop the cheque because you have suddenly realised it is not conducive to your cash flow or perhaps you have found a defect? Think again!
It is very dangerous to stop a cheque unless the payer is absolutely sure it can prove the […]

Michael Gerard Consulting Limited
Whitemoss House • 35 Victoria Avenue • Market Harborough • Leicestershire • LE16 7BQ • UK
Tel: 01858 433431 Facsimile: 05601 160052 Email: Click here to send message
Co. Reg. No. 4563468 (England) © 2008. All rights reserved.