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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Strategic Forum for Construction – 6 principles of best practice
June 20096 principles through which the construction industry will endeavour to achieve a better industry and achieve best practice
CIC liability briefing on the implications of appointing subconsultants
June 2009This Briefing looks at the advantages and disadvantages of a consultant being appointed to undertake services, and then engaging subconsultants to undertake some or all of those services. Published with kind permission of the CIC.
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