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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Quarterly Case Review – May 2013
May 2013There have been some interesting cases over the last few months which are of particular significance to insurers and their insureds who are in the construction and professional practices sectors. For example net contribution clauses being put under the spotlight, consideration of the SAAMCO principle, legal advice privilege and a claim for breach of trust.… Read More >
Contractual Limitation Periods – Making sure the time is right
May 2013Construction contracts commonly include clauses which aim to extend, shorten or preserve the statutory limitation period. Case law in respect of such clauses demonstrates that their effect is less than clear-cut. This underlines the need to carefully consider the applicable limitation period when negotiating and drafting a contract, in order that the position is clear… Read More >
Construction Quarterly Case Review – May 2013
May 2013There have been some interesting cases over the last few months which are of particular significance to the construction sector. For example net contribution clauses being put under the spotlight, consideration of the SAAMCO principle and a clause imposing an obligation of good faith. The team at Beale and Company have summarised these recent cases… Read More >
New Rules in relation to Disclosure
May 2013A raft of new civil procedure rules took effect on 1 April 2013 following the Jackson Report in an attempt to reduce the cost of litigation. The changes include new rules in relation to disclosure, which are summarised in this article.
Reports from the courts – May 2013
May 2013In our regular round up of the court judgments of most interest to construction from Will Buckby and Andrew Croft of Beale & Company the TCC agrees with a Disputes Review Board decision in rejecting an appeal; and one where the judge recommended an extension of adjudication to contractsinvolving residential occupiers.
RIBA Plan of Work 2013 – A Step Forward for a 50 year old institution
May 2013On 21 May 2013 the RIBA Plan of Work 2013 (“2013 Plan of Work”) was published. This is a substantial overhaul of the RIBA Plan of Work, which was first published in 1963 and has since underpinned the way in which the design process is structured across the construction industry. It is a big step… Read More >
(Pot)holes in the Highways Agency’s MAC Contract?
April 2013In the recent case of Atkins Ltd v Secretary of State for Transport [2013] EWHC 139, Akenhead J in the Technology and Construction Court considered whether the existence of an excessive number of potholes constituted a compensation event under the Highways Agency Managing Agent and Contractor Contract (the “MAC”).
The Jackson Reforms and implications for the TCC
April 2013The Jackson Reforms came into force on 1 April 2013. In this article we outline some of the particular issues to look out for in relation to disputes in the Technology and Construction Court (TCC).
O ye of little faith
April 2013A recent Court of Appeal case confirms the traditional English hostility to a general doctrine of good faith in the performance of contracts. Rupert Choat looked at the sort of terms that could be implied in construction contracts, one of which was a duty of good faith. As this concept has given rise to conflicting… Read More >
Changes to Part 36 – Offers to settle
April 2013The Jackson Reforms, which came into force on 1 April 2013, have made some substantial changes to the Part 36 regime. The Civil Procedure (Amendment) Rules 2013 (SI 2013/262) introduce a revised CPR 36.14(3) which applies to Part 36 offers made on or after 1 April 2013 and which provide an additional incentive for claimants… Read More >