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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GIIG – An Interoperability Code of Practice for Technologies in the Built and Managed Environment
May 2023The Government & Industry Interoperability Group (GIIG) has published their new Code of Practice for Technologies in the Built and Managed Environment which addresses the perennial issue of the inoperability of data within the construction industry. It is intended that the Code of Practice will enable parties to a construction project to achieve the ‘golden… Read More >
Trading beyond the Twilight Zone? What are a director’s duties and responsibilities after liquidators are appointed?
May 2023Introduction In a recent article we considered the nature and extent of directors’ duties to take into account the interests of a company’s creditors when a company is in financial difficulty. A recent High Court decision (Mitchell & Krys v Al Jaber & ors [2023] EWHC 364 (Ch)) considered the issue of directors’ duties in… Read More >
REPORTS FROM THE COURTS
May 2023Our regular round up of the court decisions of most interest to construction comes from Andrew Croft and Ben Spannuth who examine a case highlighting the risks of contracting with companies with parlous finances; and an appeal court ruling that shows the value of careful drafting of dispute resolution provisions. This was first published by… Read More >
Collective climate action for insurers: Can you be cooperative and competition compliant?
April 2023Introduction Recently, two leading insurers have announced their intention to withdraw from the NetZero Insurance Alliance (“NZIA”), an alliance of insurers aimed at reducing carbon emissions. One of the insurers cited concerns relating to competition law compliance as the reason for leaving. The developments raise concerns as to whether it is possible for businesses to… Read More >
Architects from UK, US, Australia and New Zealand gain new mutual recognition routes
April 2023The Architects Registration Board (ARB) has recently entered into two Mutual Recognition Agreements (MRA). The first is with the US’s National Council of Architectural Registration Boards (NCARB) and the second is a joint MRA with the Architects Accreditation Council of Australia (AACA) and the New Zealand Registered Architects Board (NZRAB). The MRAs allow eligible architects… Read More >
Environmental obligations prioritised in insolvency proceedings
April 2023It is generally accepted that the push towards a greener future requires robust legislation, and in the case of common law jurisdictions ,supportive legal precedent which will assist in framing the landscape for the enforcement of environmental remediation obligations. This article considers the recent Canadian law decision handed down in the Court of King’s Bench… Read More >
Lee Witcomb v J. Keith Park Solicitors [2023] EWCA Civ 326 Section 14A Limitation Act 1980 – what knowledge is required?
April 2023Introduction The introduction of s14A Limitation Act 1980 (‘s14A’) was prompted by obvious injustice; claims where the claimant could only have discovered the possibility of a claim at a time when the primary six-year limitation period had already expired. For many of us, it is now difficult to comprehend that prior to 1986 a claimant… Read More >
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 >