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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GRENFELL PHASE 2 REPORT: IMPACT ON ARCHITECTS
This impact note focuses on the findings detailed in Phase 2 of the Grenfell Tower Inquiry, specifically concerning the appointed architect, Studio E Architects Limited. It also explores the recommendations that will impact architects and the wider construction industry going forward. The Phase 2 Report was published on 4 September 2024, and in considerable length outlines the circumstances… Read More >
Subcontractor Claims to Surge After Ruling on Pay when Paid Clauses
The Qatari Court of Cassation recently ruled on the use of “pay-when-paid” clauses in subcontract agreements, a decision likely to empower Subcontractors in claiming payments for delayed work from Main Contractors. In effect, the court clarified that Main Contractors cannot indefinitely delay payments to Subcontractors based on their own payment issues with Employers. Understanding Pay-When-Paid… Read More >
When an HSE Inspector Calls – Part 2
As part of our ‘Health and Safety at Work Act – 50 years on’ feature, Jo Lewis, Michael Salau and Daniela Miklova consider the HSE’s approach to enforcement action with a review of recent prosecutions. They explore the enforcement trends within the construction industry to minimise the risk of fatalities and non-fatal injuries within the… Read More >
100 days of Labour: have they stuck to their manifesto?
Just over 100 days ago, Labour entered government following a successful campaign and landslide victory. At the time, we examined the Labour Party’s manifesto pledges, focusing on the key opportunities and impacts they could bring for the infrastructure, construction, and energy sectors. A link to that article can be found below. As we’ve reached the… Read More >
Grenfell Phase 2 Report: impact on contractors
This impact note focuses on the findings detailed in Phase 2 of the Grenfell Tower Inquiry, specifically concerning the appointed principal contractor and cladding subcontractor. It also explores recommendations that will generally impact contractors and the wider construction industry going forward. The Phase 2 Report was published on 4 September 2024, and in considerable length outlines… Read More >
Reshaping construction compliance: How mandatory inherent defects insurance continues to transform Saudi Arabia’s building industry
The Kingdom of Saudi Arabia’s (“KSA”) construction industry is undergoing a transformative shift with a change in the way in which mandatory inherent defects insurance (“IDI”) must be procured from 6 October 2024. Enforced by the Saudi Arabian Monetary Authority (“SAMA”), contractors are required to secure IDI, on governmental residential projects, for inherent defects from… Read More >
Kuwait’s Ministry of Health cyber-attack: The critical role of prevention, incident response and cyber insurance in managing data breaches
The increase of cyber-attacks requires organisations – both public and private – continually to assess and strengthen their cyber security measures. A recent cyber-attack against Kuwait’s Ministry of Health (“MOH”) underscores this necessity. Although the MOH has not provided specific details, the investigations suggest that unauthorised third parties accessed its systems by exploiting existing vulnerabilities.… Read More >
“Reasonable cause to suspect” – what does it mean? Two key judgments on sanctions compliance
This summer the UK courts issued two important judgments, which provide crucial guidance for parties attempting to navigate UK sanctions regulations, particularly those linked to the *Russia (Sanctions) (EU Exit) Regulations 2019 (“Russia Regulations”). Both cases illustrate the complexities of determining when sanctions come into play, showing that the need to adjudicate such issues is… Read More >
Steps towards building a sustainable future: The UK Net Zero Carbon Buildings Standard
Late September 2024 saw the launch of the Pilot Version of the UK Net Zero Carbon Buildings Standard (the “Standard”)[1]. This initiative marks a significant milestone in a collective cross-industry effort to agree a UK built environment industry wide net zero standard, and to facilitate parties in taking positive and demonstrable steps in reducing the… Read More >
Understanding the scope of your directors’ and officers’ liability insurance policy
A recent DFSA decision highlights some of the key issues insurers and insureds need to consider when assessing coverage. In the UAE’s financial free zones, the Dubai International Financial Centre (“DIFC”) and Abu Dhabi Global Market (“ADGM”), regulatory enforcement by the Dubai Financial Services Authority (“DFSA”) and Financial Services Regulatory Authority (“FSRA”) has increased, leading… Read More >