header-logo header-logo

15 January 2009
Issue: 7352 / Categories: Legal News
printer mail-detail

Contractor claims surge

Construction

The credit squeeze is being blamed for a rise in construction claims.

In the third quarter of 2008 there were 32 construction cases filed- a 10% increase on the same quarter in 2007.

Many disputes have arisen between contractors and developers, as both parties have felt the effects of the economic slowdown.

Stuart Nash, a partner in McGrigor's construction department, says the relationship between the parties has changed.

"When a developer tells a contractor that they will not pay the full bill for work as they feel the contract has not been properly fulfilled the tendency has been for the contractor to accept that through gritted teeth. They reasoned that there was no point in getting into an acrimonious court dispute with a client that should be their future source of work. The credit crunch has changed all that.

"With the slowdown in the construction sector contractors worry that there might not be a 'next project' from that client so they have less of a motivation to make concessions over their bill. The contractors figure that if there isn't going to be any guarantee of repeat business why shouldn't they try to force their client to pay in full?"

Nash also believes that it will be the firms which are suffering financially which will face the most claims. "If you suspect that your client isn't going to be aroudn for ever you are going to be eager to pursue them as soon as possible" he adds.

Issue: 7352 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
back-to-top-scroll