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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REPORTS FROM THE COURTS
March 2024Our regular analysis of court decisions of most interest to construction comes from Andrew Croft, Ben Spannuth and Daniela Miklova who report on a case that reminds parties to comply with contractual notification requirements/payment obligations to avoid prejudicing their right to adjudicate; and a First Tier Tribunal decision that underlines that it has discretion under… Read More >
Construction Disputes Landscape for 2024: The here and now and what to expect next
March 2024As we near the end of the first quarter of this year, Ian Masser and Sophie-Rose Bowen take a look at some of the issues that have impacted the UK construction disputes landscape recently and could shape the industry moving further into 2024. New UK Legislation: The construction industry continues to monitor the impacts of… Read More >
CMA homes inquiry: a house of pain for builders?
February 2024What Has Happened? The housebuilding sector in Great Britain is currently facing significant scrutiny following the conclusion of a market study by the Competition and Markets Authority (CMA). The study, conducted over the course of a year, revealed fundamental concerns regarding the persistent under-delivery of new homes and issues surrounding estate management charges and… Read More >
All’s Fair in Law and War or…Exclusion Explosion: the Court of Appeal Decision in The University of Exeter v Allianz Insurance PLC [2023] EWCA Civ 148
February 2024The Court of Appeal recently dismissed an insured’s appeal on a case in which it considered proximate and concurrent causes of loss and the Wayne Tank Principle, in the context of an industry-standard exclusion for damage caused by acts of war. Facts In 1942, during the height of World War II and Germany’s systematic raids… Read More >
HEALTH AND SAFETY AUTHORITY PUBLISHES ITS ANNUAL REVIEW OF WORKPLACE INJURIES, ILLNESSES AND FATALITIES FOR 2021-2022
February 2024INTRODUCTION On 20 November 2023, the Health & Safety Authority (HSA) published its Annual Review of Workplace Injuries, Illnesses and Fatalities for 2021-2022. This report details causes and characteristics of injuries, illnesses and fatalities that occur in workplaces across Ireland. The report combines data from three sources which are: the HSA’s database of all non-fatal… Read More >
REPORTS FROM THE COURTS
February 2024Our regular analysis of court decisions of most interest to construction comes from Andrew Croft, Ben Spannuth and Daniela Miklova who look at a judgment highlighting the effect of an overriding reasonable skill and care clause in consultants’ contracts; and another which provides for the first time clarification of the territorial scope of adjudication where… Read More >
‘Do You Even Care?’ Universities and their duty of care to students
February 2024There can be little doubt that the UK is in the grip of a crisis in mental health, not least amongst the young, with higher education being one area of highly-publicised concern. A House of Commons Library Research Briefing published on 30 May 2023 reviewed the research and noted that a 2022 survey by mental… Read More >
Triathlon Homes LLP v Stratford Village Development Partnership (1) Get Living PLC (2) East Village Management Limited (3) [2024] UKFTT 26 (PC)
January 2024The First Tier Tribunal, Property Chamber has released a decision which considers the ‘just and equitable test’ under section 124 of the Building and Safety Act 2022 for the first time. The decision provides guidance on the relevant facts that determine when a remediation contribution order can be awarded and the relevant remediation costs that… Read More >
Market trends in the construction industry in 2023 and how to tackle them in 2024
January 2024As the first month of 2024 draws to a close, we feel it is an opportune time to reflect on some of the trends we saw in the construction industry in 2023 and hopefully look with some positivity at what is to come in 2024. 2023 was, in lots of ways, a difficult year for… Read More >
New Year’s Evolution – JCT 2024 Edition
January 2024The Joint Contract Tribunals (JCT) is expected to release an updated edition of its suite of standard form contracts early this year. In this article, we consider what we know so far about the JCT 2024 and the likely changes that it will introduce. The current edition of the JCT contracts suite, the JCT 2016,… Read More >