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
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 >
Duty nexus question explored in valuer claims – Hope Capital v Alexander Reece Thompson
January 2024With few reported cases on claims against valuers in recent times, the High Court’s decision in Hope Capital v Alexander Reece Thompson [2023] EWHC 2389 (KB) at the end of last year is of particular interest for its application of the twin decisions of the Supreme Court in Manchester Building Society v Grant Thornton UK… Read More >
The Year Ahead in Construction – 2024
January 2024Sheena Sood previews what 2024 will hold for the construction industry from a legal point of view. This article was first published in Building Magazine. Please click on the link below to read the full article. building magazine preview of the year 2024
COURTS ENFORCE AN OVERRIDING DUTY OF CARE CLAUSE
January 2024An overriding duty of care clause (limiting duties to reasonable skill and care) has in recent years become more common and more desirable to negotiate into contracts. In a key recent decision in which Beale & Company Solicitors LLP acted for AECOM, the successful party, the court[1] upheld the effect and importance of an overriding… Read More >
AUDITOR’S DUTY OF CARE: DISCLAIMERS ARE NOT A UNIVERSAL PANACEA FOR AVOIDING LIABILITY TO A THIRD PARTY
January 2024Amathus Drinks PLC and others v EAGK LLP and others [2023] EWHC 2312 (Ch) The High Court in an application by a defendant auditor to strike out a claim alleging that it owed a third party buyer of shares in a company a duty of care when preparing a Completion Certificate under a Share Purchase Agreement… Read More >
THE HEALTH & SAFETY AUTHORITY ANNUAL REPORT 2022 – A SUMMARY FOR THE CONSTRUCTION SECTOR
January 2024INTRODUCTION In mid-2023, the Health & Safety Authority (“HSA”) published its annual report for 2022 (the “Report”). The HSA is the Irish statutory body responsible for ensuring protection from work-related injury and illness. As a regulator, the HSA monitors, inspects and enforces, and also promotes, advises, encourages, supports and educates. In its annual reports, the… Read More >