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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Part 36 offers: It's all in the timing
September 2011Most people with some acquaintance of construction litigation (or indeed any litigation) will have heardof a Part 36 offer. It is a type of offer that one litigant can make to the other to settle the litigation. Both the claimant and the defendant can make Part 36 offers, although they are more commonly made bydefendants.… Read More >
NEC3 Professional Services Contract (PSC3)
August 2011Earlier this year Rachel Barnes gave a talk to the Society of Construction Law (SCL) on the NEC3 Professional Services Contract (PSC3) from the consultants' perspective. This talk has now been published by the SCL and can be viewed using the above link. The paper looks in detail at the provisions concerning Key Dates, the… Read More >
Government publishes new Scheme for Construction Contracts
July 2011The Government has finally published its proposed amendments to the Scheme for Construction Contracts, which are expected to come into force on 1 October 2011 alongside the revisions to the Construction Act. Rachel Barnes and Nick Gillies summarise and consider the changes. Location: UK
New Edition of “Designing for Safety in Construction
July 201111 May 2011 saw the launch of the new edition of the Manual “Designing for Safety in Construction”. Authored by Jack Kavanagh, with advice and support from a committee established by the RIAI, Engineers Ireland and the Association of Consulting Engineers in Ireland, the new publication is targeted at a professional designer or design consultant,… Read More >
Construction Amendments in Force From 1 October 2011
June 2011The long-awaited amendments to the Construction Act and Scheme should come into force on 1 October 20011 as we speculated in our last update on this subject. An Order was placed before Parliament yesterday for the commencement of the Amending Act and the amended Scheme on that date (provided the amended Scheme has been passed).… Read More >
Safety obligations: common law liability
June 2011Rachel Barnes considers the extent of an employer's duty to protect employees against personal injury under the health and safety legislation in an article published in Building on 17 June 2011. A recent Supreme Court case indicates that this statutory duty is no stricter than the common law liability. Location: UK
Due Date: debt collection after the tiger has bolted
June 2011In the era of the once-mighty Celtic Tiger, one might have been forgiven for allowing outstanding debts to build up around one's practice, given the volume of work being contended with. However, the recent downturn in the Irish economy has led every business to entirely depend on its cash flow for survival. It is more… Read More >
Irish Solicitors Professional Indemnity Insurance
June 2011Half way through the 2010 – 2011 year of insurance two major issues have caused extensive debate in the Irish solicitors profession generally and amongst professional indemnity underwriters in particular. The first issue is the financial collapse of the SMDF which until recently was the largest insurer of Irish solicitors and last year still accounted… Read More >
Amendments to the Construction Act and Scheme for Construction Contracts
June 2011Rachel Barnes and Nick Gillies provide an update on the legislative process for amending the Construction Act and Scheme. Location: UK
Good news for valuers and their insurers: The Court of Appeal decision in Scullion v Bank of Scotland
June 2011It has been established since the case of Smith v Eric S Bush [1990] 1 AC 831 that when valuing a “dwelling house of modest value” for a building society or local authority, a surveyor may owe a duty of care to the residential purchaser of that property if the surveyor was aware that there… Read More >