Westfields Construction Ltd v Lewis [2013] EWHC 376 (TCC)

Construction focus: The unwritten rule

Emma Swan warns against the use of oral contracts in order to avoid uncertainty Parties may be unaware that their works do not constitute construction operations for the purposes of the Construction Act 1996 and therefore incorrectly believe that the statutory provisions apply to their contract. Written contracts are common in the construction industry due …

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Construction Focus: When is a residential occupier not a residential occupier?

Westfields Construction Ltd v Lewis clarifies when and how statutory exemptions should be used. John Starr examines the case. The evidence about the position at the date that the contract was made had to be considered in the context of all of the evidence of occupation and intention, both before and after the agreement of …

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