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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Tendering: when does co-operation become collusion? EU Commission issues new guidance
April 2022Introduction Competition Law regulates when businesses who are rivals may work together. It prohibits agreements or arrangements between firms which have the purpose or effect of restricting competition. There are harsh penalties for infringing competition law, including fines of up to 10% of group, worldwide turnover, damages actions and director disqualifications. For serious infringements, individuals… Read More >
Reports from the Courts – March 2022
March 2022Our regular round up of the court decisions of most interest to construction comes from Andrew Croft and Ben Spannuth look at a dispute between a houseowner and a builder that highlights the importance of parties ensuring strict compliance with the payment and termination provisions in contracts; and another where the decision stands a reminder… Read More >
New Cabinet Office review of frameworks
March 2022Andrew Croft and Kevin Henderson cast their eye over the recently published Cabinet Office commissioned review of construction frameworks that advised how they could achieve a ‘Gold Standard’. Employers might use it to push harder for an unfair risk-share with the project delivery team, they caution. This article was first published by Construction Law March… Read More >
A protocol for operational BIM
March 2022Unpacking the new digital data management protocol for the operational, rather than delivery, phase of a building’s lifecycle. Click the below link to read. A protocol for operational BIM Comment Building This article was first published by Building Magazine March 2022.
Legal action against Shell urges businesses to make haste in move to Net Zero
March 2022A year on from Shell losing its landmark climate case in the Dutch courts (which we have previously discussed here), Shell is once again facing climate change related legal action, this time in the English courts. ClientEarth has taken legal action against Shell’s 13 directors, holding them liable for failing to implement a sufficient strategy… Read More >
What construction lawyers will be talking about for the rest of 2022
March 2022Will Buckby and Tom Howell ask what the ‘new normal’ will look like for construction. The industry has shown great resilience during the past two Covid years but should continue to expect the unexpected, they warn. First published by Construction Law March 2022. Click the link below to read. CL-March-2022-GuestEd
GRAND AMBITIONS OR LEGAL RISK? MANAGING THE STANDARD OF CARE IN INTERNATIONAL CONSULTANCY AGREEMENTS
March 2022As more international consultants enter the market to help deliver the Kingdom of Saudi Arabia’s goals for Vision 2030, we are regularly considering the risks arising from the various forms of contract which are being used by the Public Investment Fund, quasi state-owned entities and local developers who have been tasked with meeting these goals.… Read More >
Professional Indemnity Cover – What Next for RICS Members?
March 2022In recent years it has been increasingly difficult for professionals to obtain professional indemnity insurance (PII) cover. With less Insurers writing PII, those professionals who can secure terms have had to pay significantly higher premiums for substantially reduced cover. This has led to a rise in the number of surveyors seeking cover in the RICS… Read More >
Climate Change Litigation: Friends of the Earth and Net Zero
March 2022On 2 March 2022, the High Court granted permission to Friends of the Earth UK (FoE), a grassroots environmental campaign organisation, to apply for judicial review of the UK Government’s Net Zero and Heat and Buildings strategies, which were issued in October 2021. The Net Zero Strategy (NZS) sets out how the Government intends to… Read More >
Guidance Note: NCSC Cyber Security Guidance for Construction Businesses
March 2022On 23rd February GCHQ’s National Cyber Security Centre (NCSC) issued the first of its kind cyber security guidance aimed at the UK construction industry. The full guidance can be accessed here. Due to the particular cyber risks facing the construction sector, the NCSC has advised businesses that cyber security measures are as vital as wearing… Read More >