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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Novation to a design/build contractor
May 2009Why is the CIC Novation Agreement the correct basis for the novation of a consultant There are two basic forms of novation agreement. The “ab initio” form (produced by the CLLS and often by clients) and the “switch” (produced by the CIC). Location:UK
Langstane Housing Association Limited -v- Riverside Construction
May 2009A recent decision from the Outer House of the Scottish Court of Session offers helpful guidance to construction professionals when incorporating conditions of engagement by reference and useful judicial insight on the enforceability of the net contribution clauses and in particular the net contribution clause in the ACE 1998 Conditions. Location: UK
Puzzling Arithmetic
April 2009If two parties are jointly responsible for damage, who pays, and how much? The answer to this question is often surprising (and dismaying) for one of the parties… Location: UK
Hook a Director for his Company's Debts
March 2009A recent case, drawing on an archaic nineteenth century statute, opens up another route for creditors to make directors personally liable for their company's debts. The Court of Appeal held that a director, who signs a contract on behalf of his company, might be making an implied representation about the company's ability to perform that… Read More >
RTS Flexible Systems Ltd v Molkerei Muller GmbH & Co KG
March 2009Notes on the Court of Appeal decision in RTS Flexible Systems Ltd v Molkerei Alois Muller GmbH & Co KG on 12 February 2009.
Fizpatrick Contractors v Tyco Fire & Integrated Solutions
March 2009Notes on the TCC decision in Fizpatrick Contractors v Tyco Fire & Integrated Solutions on 20 February 2009.
Duties on UK pension fund trustees to pursue claims in the US
March 2009Two local authority pension schemes have launched legal action in the US against the Royal Bank of Scotland (RBS) and others are considering joining them. Location: UK
Then there's the fungal mould…
February 2009The JCT has just released a consultancy agreement for larger projects. Here's what you should be aware of before you go ahead and sign it. Location: UK
Snow and the NEC3 Standard Form of Contract
February 2009The recent severe winter weather throughout the UK has not only brought Health and Safety concerns for Project Managers, Site Supervisors and Contractors but will lead to an increase in contractual claims for delay and disruption in the next few months. Location: UK
FSA publishes Retail Distribution Review feedback statement
February 2009As part of the Retail Distribution Review the FSA has published its final proposals for the future of the retail market for investment products. Location: UK