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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Importance of Record Keeping in a Tight Labour Market
April 2023Our experience consistently reminds us that good record keeping practices are as fundamentally important to the overall success of a project as the manner and execution of the works themselves. You will have seen numerous articles by lawyers in the past addressing this topic. However, what we are currently seeing on a number of projects… Read More >
Case Report: Elements (Europe) Ltd v FK Building Ltd [2023] EWHC 726 (TCC)
April 2023In the recent summary judgment hearing, Elements (Europe) Ltd v FK Building Ltd [2023] EWHC 726 (TCC) 30 March 2023, the Court considered how “days” should be interpreted, under JCT Contracts, in the context of payment applications and absence of specific timings for performance. Although both parties had settled the dispute following the draft judgment,… Read More >
Global Vantage: FIDIC releases guidance note on impacts of COVID-19 and the invasion of Ukraine
April 2023In March, the International Federation of Consulting Engineers (FIDIC) released a Guidance Note in relation to the various FIDIC conditions of contract (i.e. Red Book, Yellow Book, Silver Book) with a focus on the impacts that the COVID-19 pandemic and 2022 invasion of Ukraine by Russia can have on those contracts. The FIDIC Guidance Note… Read More >
Water Companies May Face Unlimited Fines Under Government’s Plan For Water
April 2023The Department for Environment, Food & Rural Affairs (“DEFRA”) has recently announced the Government’s new Plan for Water which aims to deliver a healthy water environment and a sustainable supply of water for people, businesses and nature. DEFRA have stated that pollution in rivers has significantly reduced from 1990 and there is now 80% less… Read More >
REPORTS FROM THE COURTS
April 2023Our regular round up of the court cases of most interest to construction comes from Andrew Croft and Ben Spannuth who examine the decision in an appeal that emphasises the need for parties to either raise issues in respect of the validity of payment applications/payment notices or to reserve their positions without delay; and another… Read More >
Practical Tips to Limit Risks of Subcontractor Insolvency
April 2023Life is becoming increasingly difficult for subcontractors and we are seeing time and time again how these difficulties are impacting on the successful delivery of projects across the Middle East. The rising costs of construction caused by inflation and supply chain disruptions has led to a squeeze on subcontractor margins. This, coupled with liquidity constraints… Read More >
Workplace culture and the tightening of legal regulation
April 2023In February 2022, the SRA published its Workplace Culture Thematic Review which sets out the SRA’s expectations in terms of workplace culture within law firms. The focus is on supporting employees’ wellbeing in the workplace by setting standards that apply to law firms and those responsible for a law firm’s culture and the systems in… Read More >
Let’s do this together – Collaborative Contracting
March 2023The Canadian P3 (public private partnership) is a project delivery model that is utilised for public projects with a capital cost greater than $100 million or projects that involve complex factors and significant risk. The delivery and outcomes of P3 projects have been the subject of fairly critical articles and opinions in recent press, with… Read More >
IStructE Circular economy and reuse: guidance for designers
March 2023In late spring/early summer 2023 the Institution of Structural Engineers are to publish their new guidance focusing on the circular economy (an economic model based on the tenets of reuse, refurbish and recycle) in part to help answer the problem of climate change. The guidance is split into four parts and provides engineers, designers and… Read More >
Directors of McDonalds manage to dismiss claim for breach of oversight duties
March 2023Whilst there has often been a focus on the E in ESG related risks, it is arguable that the most pervasive theme in ESG-related matters is the social limb, and particularly how companies treat their employees and foster an inclusive culture. A recent decision in the Chancery Court of Delaware, shows that in certain circumstances… Read More >