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Our lawyers contribute regularly to industry and legal journals in addition to writing legal briefings, newsletters and case reports for clients and contacts. All of our articles are free to read and download here.
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CONSTRUCTION DISPUTES LANDSCAPE FOR 2024: THE HERE AND NOW AND WHAT TO EXPECT NEXT IN 2025
January 2025Introduction The construction industry remains under pressure. Insolvencies continue to threaten project stability, whilst a third wave of fire safety claims looms on the horizon. Standard industry contracts and guidance seek to address evolving contractual, regulatory and market demands, while the Government’s Remediation Acceleration Plan intensifies cladding remediation deadlines and sanctions. Appropriate contract terms (including… Read More >
REPORTS FROM THE COURTS
January 2025Our regular round up of the court decisions of most interest to construction comes from Andrew Croft, Ben Spannuth and Daniela Miklova who examine a a case where a judge said the manner of an attack on an adjudicator was “wholly inappropriate”; and a judgment emphasising that Part 8 proceedings are a means of obtaining… Read More >
REPORTS FROM THE COURTS
January 2025Our regular round up of the court decisions of most interest to construction comes from Andrew Croft, Ben Spannuth and Daniela Miklova who examine a judgment supporting the Scottish law position that an adjudicator’s decision as to liability for their fees cannot be challenged, even if the adjudicator’s decision is later reversed; and another that… Read More >
Preparing for the future: is the construction industry ready for cyber breach challenges?
January 2025The United Arab Emirates’ (“UAE”) construction industry is undergoing a technological transformation, with cutting-edge innovations shaping ambitious projects and a sustainable future. As the sector increasingly integrates advanced technologies, such as cloud-based project management systems and building information modeling (“BIM”), it is essential to address new risks – especially those related to data security. While… Read More >
Health and Safety Authority (HSA) Annual Report 2023: A Comprehensive Overview of Safety and Compliance in Ireland’s Construction Sector
January 2025The Health and Safety Authority (HSA) published its Annual Report for 2023, highlighting key statistics and initiatives aimed at improving enforcement and compliance across various workplaces in Ireland. The report underscores the HSA’s commitment to reducing workplace fatalities, addressing safety risks, and encouraging a culture of compliance through proactive inspections and targeted enforcement actions. Key… Read More >
“Guilt by association” in public procurement? Lessons from the TP Judgment
January 2025Introduction The recent General Court decision in TP v Commission[1] highlights important principles relating to exclusion measures in public procurement law. In this case, the European Commission’s decision to exclude TP from EU-funded procurement for two years was annulled, underlining the need for specific and individual assessments when applying exclusion measures. This judgment provides useful… Read More >
Captives in the spotlight around the world
January 2025Ross Baker and Thomas Singleton of Beale & Co have contributed to an Insurance Day special on captive insurance (a method of self-insurance where the policyholder owns the insurance entity), commenting on the latest regulatory and market developments in the UK and Ireland, particularly noting the government’s recently opened consultation exploring a dedicated onshore captive… Read More >
Delays in the Gateways? Implications for construction clients and higher-risk building works
January 2025Introduction Delays in Gateway Two and Three building control approval processes for higher-risk buildings under the new building safety regime have significantly impacted the progress of remediation works, construction starts, and the Government’s ambitious goal of constructing 1.5 million homes. Throughout 2024, industry press reports indicated that the Building Safety Regulator (BSR) was acclimatising to… Read More >
Adjudication and Fire Safety Claims: Expanding the Boundaries of Jurisdiction Under the Defective Premises Act 1972
January 2025The recent High Court decision in BDW Trading Limited v Ardmore Construction Limited reinforces parties’ ability to resolve fire safety claims on residential projects via adjudication. This case confirms that adjudicators’ jurisdiction to decide disputes arising ‘under the contract’ extends to causes of action under the Defective Premises Act 1972 (DPA). The case underscores the… Read More >
FXS v The Mulberry Bush: Court delivers significant ruling on school accountability and child welfare
December 2024Organisation Ltd [2024] EWHC 1406 (KB). This followed a liability trial earlier this year in respect of complaints about the claimant’s treatment at Mulberry Bush School, a non-maintained special school providing residential care and education, and day placements, for young children who have experienced emotional damage in infancy and early childhood. The claimant, now an… Read More >