The judgement made by the Supreme Court in Rock Advertising Ltd v MWB Business Exchange Centres Ltd1 has provided valuable clarification that will have a widespread impact for contracting parties with respect to oral variations.
About Lance Buchanan
Lance is a Chartered Quantity Surveyor who, prior to joining Tudor Rose, was responsible for both the commercial and project management of a variety of projects. After finishing his undergraduate degree, Lance joined a family business where he fulfilled the role of quantity surveyor and project manager. This included the provision of pre-contract duties such as the preparation of estimates, the undertaking of feasibility studies, advising on viability of projects and the negotiation of contract terms. Following contract award, Lance was responsible for establishing the project which included programming the works, forecasting project cash flow, producing documentation required by the contract and the procurement of materials and subcontractors. Post-contract, Lance was accountable for the management of all facets of the project. With respect to the commercial management of the works, Lance was responsible for the administration of contract documentation such as client instructions and the valuation of the works for both the preparation of the main contract application for payment and the assessment of subcontractor applications. Lance also monitored progress of the works against the original programme, prepared progress reports and conducted client project team and subcontract meetings to ensure project objectives were achieved. Upon completion of the works, Lance was responsible for the preparation and negotiation of the final account including the preparation for any claims for extension of time and associated loss as well as the settlement of all subcontractor accounts and associated claims. This breadth of experience has given Lance a keen eye for the early identification of potential issues and a sound commercial awareness of construction.
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Entries by Lance Buchanan
The latest decision by the Hon Mr Justice Coulson in Grove Developments Ltd v S&T (UK) Ltd1 in the TCC provided valuable clarification on Pay Less Notices, ‘smash and grab’ adjudications and liquidated damages under JCT contracts.