Articles
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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Consultants – Navigate your novation
November 2014Novation agreements are being required more often with increased procurement on a design and build basis. Andrew Croft looks at novation from a consultant’s perspective and emphasises the need for consultants to understand how to manage their risks when novation is required. This article was first published in Construction Law, November 2014. To read the… Read More >
A look into some of the possible effects of the proposed revisions to the CDM Regulations 2007 for designers
November 2014Following the Health and Safety Executive’s (“HSE”) recent report on the public consultation into proposed amendments to the Construction (Design and Management) Regulations 2007 (“CDM Regulations 2007”), we take a look into some of the possible consequences of the amendments for designers. To read the full article, please click on the clink below.
Reports from the Courts – November 2014
November 2014Andrew Croft and Jennifer Webb of Beale & Company report on two recent cases from the Court of Appeal; the first case concerns Architects Certificates, and the second looks at the drafting of indemnity clauses in light of the relevant commercial context. This article was first published in Construction Law, November 2014. To read the… Read More >
Searching for a signpoast to Coventry
November 2014In Caliendo and another v Mishcon de Reya (A Firm) and another [2014] EWHC 3414 (Ch), the High Court was asked to consider the impact of Coventry and others v Lawrence and another (No 2) [2014] UKSC 46 in relation to an application for relief from sanction under the principles set down in Denton. Coventry… Read More >
Case management and ADR – finding the right balance
October 2014A recent decision of Mr Justice Coulson in the TCC addressed the interaction between ADR and case management by the Court. At the first Case Management Conference in CIP Properties (AIPT) Limited v Galliford Try Infrastructure Limited and Others the Defendants argued that a ‘window’ of 3 – 4 months should be built into the… Read More >
High Court dismisses procurement challenge that local authority erred in evaluation process
October 2014On 9 October 2014, the High Court dismissed a procurement challenge brought by Willmott Dixon Partnership Limited against the London Borough of Hammersmith & Fulham. The decision sets out the principles the courts will apply when reviewing a procurement challenge. Please click on the link below to read the full article.
Highways – what’s around the bend?
October 2014Ben Mullard discusses major changes currently taking place in the highways industry. It is hoped that these changes will bring about a transformation in the way highway services are procured. The industry has so far welcomed the new collaborative approach to contracts. To read the full article please click on the link below.
Reports from the courts – October 2014
October 2014Will Buckby and Jennifer Webb of Beale & Company report on two recent cases from the Technology and Construction Court. One case in particular is thought to provide the first guidance on the meaning of ‘appropriate deductions’ in JCT’s Intermediate Form of Contract. This article was first published by Construction Law October 2014. To read… Read More >
Refusal to mediate: a risky strategy
October 2014Can a party in litigation say ‘no’ to mediation? In Northrop Grumman Mission Systems Europe Limited v BAE Systems Limited the Technology & Construction Court found the Defendant’s refusal to mediate was unreasonable. However, that was cancelled out by the fact that the Claimant refused to properly consider and engage with a settlement offer. The… Read More >
Costs effects of Settlement Offers: Did I Win Yet?
October 2014The Court of Appeal in Coward v Phaestos Limited and Others has provided a useful review of the law in relation to different types of without prejudice settlement offer. To read the full article please click on the link below.