Construction update

Anna Stillman considers when one can imply a term into a contract, adjudicator bias, an update on BPF and CIC publications and the proposed health and safety reforms

06 Feb 2012

Implying contract terms

As 2011 drew to a close, the Technology and Construction Court was called upon to decide in Leander Construction Ltd v Mulalley and Company Ltd [2011] EWHC 3449 (TCC) whether a term could be implied into a sub-contract obliging the sub-contractor to proceed with its works regularly and diligently. This request from the contractor was made despite the fact that a failure by the sub-contractor to proceed regularly and diligently gave the contractor the express right to terminate the sub-contract.

Mr Justice Coulson held that it was not necessary to imply this term, and, importantly, that precedent was clear in establishing that where a sub-contractor is required to complet...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.
Already registered? Login to access premium content

Single User

  • - 10 issues a year delivered to you
  • - Digital edition of the magazine
  • - Access to premium content
  • - Access to the SJ Archives
  • - Weekly email newsletter
  • - Access to the SJ community online
  • - Advanced search feature
  • - Online support
  • - Access to SJ app- coming soon!
  • - 6 special focuses per year
  • - Special offers on SJ and IICJ events

Corporate User

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on george.miller@solicitorsjournal.com.