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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REPORTS FROM THE COURTS
Our regular round up of the court decisions of most interest to construction comes from Andrew Croft and Ben Spannuth who examine a case highlighting the risks of contracting with companies with parlous finances; and an appeal court ruling that shows the value of careful drafting of dispute resolution provisions. This was first published by… Read More >
Collective climate action for insurers: Can you be cooperative and competition compliant?
Introduction Recently, two leading insurers have announced their intention to withdraw from the NetZero Insurance Alliance (“NZIA”), an alliance of insurers aimed at reducing carbon emissions. One of the insurers cited concerns relating to competition law compliance as the reason for leaving. The developments raise concerns as to whether it is possible for businesses to… Read More >
Architects from UK, US, Australia and New Zealand gain new mutual recognition routes
The Architects Registration Board (ARB) has recently entered into two Mutual Recognition Agreements (MRA). The first is with the US’s National Council of Architectural Registration Boards (NCARB) and the second is a joint MRA with the Architects Accreditation Council of Australia (AACA) and the New Zealand Registered Architects Board (NZRAB). The MRAs allow eligible architects… Read More >
Environmental obligations prioritised in insolvency proceedings
It is generally accepted that the push towards a greener future requires robust legislation, and in the case of common law jurisdictions ,supportive legal precedent which will assist in framing the landscape for the enforcement of environmental remediation obligations. This article considers the recent Canadian law decision handed down in the Court of King’s Bench… Read More >
Lee Witcomb v J. Keith Park Solicitors [2023] EWCA Civ 326 Section 14A Limitation Act 1980 – what knowledge is required?
Introduction The introduction of s14A Limitation Act 1980 (‘s14A’) was prompted by obvious injustice; claims where the claimant could only have discovered the possibility of a claim at a time when the primary six-year limitation period had already expired. For many of us, it is now difficult to comprehend that prior to 1986 a claimant… Read More >
Importance of Record Keeping in a Tight Labour Market
Our experience consistently reminds us that good record keeping practices are as fundamentally important to the overall success of a project as the manner and execution of the works themselves. You will have seen numerous articles by lawyers in the past addressing this topic. However, what we are currently seeing on a number of projects… Read More >
Case Report: Elements (Europe) Ltd v FK Building Ltd [2023] EWHC 726 (TCC)
In the recent summary judgment hearing, Elements (Europe) Ltd v FK Building Ltd [2023] EWHC 726 (TCC) 30 March 2023, the Court considered how “days” should be interpreted, under JCT Contracts, in the context of payment applications and absence of specific timings for performance. Although both parties had settled the dispute following the draft judgment,… Read More >
Global Vantage: FIDIC releases guidance note on impacts of COVID-19 and the invasion of Ukraine
In March, the International Federation of Consulting Engineers (FIDIC) released a Guidance Note in relation to the various FIDIC conditions of contract (i.e. Red Book, Yellow Book, Silver Book) with a focus on the impacts that the COVID-19 pandemic and 2022 invasion of Ukraine by Russia can have on those contracts. The FIDIC Guidance Note… Read More >
Water Companies May Face Unlimited Fines Under Government’s Plan For Water
The Department for Environment, Food & Rural Affairs (“DEFRA”) has recently announced the Government’s new Plan for Water which aims to deliver a healthy water environment and a sustainable supply of water for people, businesses and nature. DEFRA have stated that pollution in rivers has significantly reduced from 1990 and there is now 80% less… Read More >
REPORTS FROM THE COURTS
Our regular round up of the court cases of most interest to construction comes from Andrew Croft and Ben Spannuth who examine the decision in an appeal that emphasises the need for parties to either raise issues in respect of the validity of payment applications/payment notices or to reserve their positions without delay; and another… Read More >