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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Even limits have limits
November 2012This is an extended version of Rachel Barnes’ article ‘Limitation of liability: Even limits have their limits’ which appeared in Building on 16 November 2012.
Guidance Note on HSE’s Fee for Intervention
October 2012The Health and Safety Executive’s (“HSE”) new cost-recovery scheme, Fee for Intervention (“FFI”),came into force on 1 October 2012. What is FFI, how does it work and what should businesses be doing about it?
Once more unto the breach
October 2012The recent case of Ampurius NU Homes Holdings Limited v Telford Homes (Creekside) Limited considered the question of repudiatory breach – something that may occur more frequently in times of economic hardship, as the case illustrates.
Adjudicator’s Fee in the Event of an Unenforceable Decision
October 2012The Court of Appeal has held that an adjudicator’s fees were not payable because his decision was unenforceable on the grounds of breach of natural justice, overturning the TCC’s decision in Systech International Ltd v PC Harrington Contractors Ltd [2011] EWHC 2772.
RIBA Standard Conditions of Appointment for an Architect 2010 (2012 Revision)
October 2012The RIBA have now published in printed and electronic forms their 2012 revisions to the 2010 Agreements. The revisions are mainly directed at incorporating the revised payment provisions in the Local Democracy, Economic Development and Construction Act 2009 (“the Act”) which were the subject of RIBA’s Amendment 1 published in October 2011.
Consultants do not or should not undertake strict or absolute contractual obligations
October 2012Rachel Barnes explains why consultants should avoid taking on in their appointments a higher duty than reasonable skill and care, by reference to the facts in the recent case of Trebor Bassett Holdings V ADT.
Limitation and Irish Financial Services Claims
October 2012In February we reported on the Commercial Court judgment in Gallagher v ACC Bank, a mis-selling claim which raised important limitation issues for financial services claims. In a decision which brings (a little) more certainty to Irish limitation law and will be widely welcomed by financial institutions, financial advisors and their insurers, the Supreme Court… Read More >
Note on Practice Direction 51G
October 2012Note on Practice Direction 51G – Costs Management in the Mercantile Courts and Technology and Construction Courts – Pilot Scheme
Reports from the courts – October 2012
October 2012Our regular round up of court decisions of most relevance to construction comes from Will Buckby and Andrew Croft of Beale and Company and looks at a TCC case that underlines the importance of clear drafting of settlement agreements; and another highlighting the difficulties of making a CPR Pt 8 application during an adjudication. This… Read More >
Building Information Modelling Guidance Note
September 2012There is a drive by both the private sector and the public sector for increased use of Building Information Modelling (“BIM”) on construction projects, with the UK government aiming to use BIM on all centrally procured construction projects by 2016. What is BIM and what risks does it involve?