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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CONTRACTING FOR NET ZERO
October 2021Both purchasers and suppliers of construction services have an important role to play in achieving net zero objectives. As part of our “Beyond Net Zero” series in the run up to COP26, this article explores the opportunities and challenges for employers and contractors of incorporating provisions designed to promote net zero objectives into construction contracts.… Read More >
Bribery, Debarment and DPAs in the Construction Industry: an update
October 2021What has happened? Why is it relevant? On 17 August 2021, five individuals (including two former senior executives) appeared in court having been charged by the Serious Fraud Office (“SFO”) with various counts of bribery and money laundering. The charges were brought under S 1 and 2 of the Bribery Act 2010 (the “Act”) and… Read More >
Administration of NMCN plc
October 2021According to press reports, utilities contractor NMCN (formerly North Midland Construction) plc and its subsidiary NMCN Sustainable Solutions Limited, have gone into administration. Administration is the procedure by which a company that is, or is likely to become, insolvent can be reorganised or have its assets realised for the benefit of creditors. The primary aim… Read More >
The Mission is Decarbonising Construction: is the industry ready?
October 2021The National Engineering Policy Centre (“NECP”), which includes the Institution of Engineering & Technology (IET) and is led by the Royal Academy of Engineering, connects policy makers with critical engineering expertise to inform and respond to policy issues of national importance. The NECP advises the Government to help address the long-term global threat posed by… Read More >
Reports from the courts – October 2021
October 2021This month Andrew Croft and Ben Spannuth review a case that involved a post-Grenfell claim for fire defects in a building; and another that clarifies the extent to which liquidated damages are now recoverable upon termination of a contract before completion of the works. This article was first published in Construction Law, October 2021. To… Read More >
A crude or refined approach?: Government disapplies competition law for fuel suppliers
October 2021Background Faced with fuel supply shortages across the country, Secretary of State (“SoS”) for Business Enterprise and Innovation, Kwasi Kwarteng announced on 26 September that the Government had triggered the “Downstream Oil Protocol”, a mechanism which suspends the application of the Competition Act 1998 (“CA 98”) to the fuel supply industry for the purpose of… Read More >
Silent Cyber – the ICAEW’s Response
September 2021In this modern technological world, it comes as no surprise that professional firms, who typically hold significant amounts of client money and personal data, are subject to ever-increasing cyber-risk. This has no doubt been exacerbated post- COVID due to the necessary dependence on technology it has caused. Under traditional professional indemnity (PI) policies, cyber coverage… Read More >
Case report: Downs Road Development LLP v Laxmanbhai Construction (UK) Ltd [2021] EWHC 2441 (TCC)
September 2021In this Part 8 claim challenging the decision of an Adjudicator, the Court determined that a holding payment notice that did not set out a sum the paying party genuinely considered to be due was invalid. In addition, the Court refused to sever the Adjudicator’s decision following a finding that the rules of natural justice… Read More >
How to interpret questions on insurance proposal forms… and when they go wrong
September 2021As Andrew Jones and Daniela Miklova report, the recent case of Ristorante Limited t/a Bar Massimo v Zurich Insurance plc [2021] EWHC 2538 is a useful insight into how the Court will interpret the questions and answers in insurers’ proposal forms in coverage disputes. It also shows how insurers can lose potential policy defences through… Read More >
CC Construction Limited v Raffaele Mincione – JCT Final Statements and Adjudication enforcement
September 2021In CC Construction Limited (‘the Contractor’) v Raffaele Mincione (‘the Employer’) [2021] EWHC 2502 (TCC), the TCC concluded that the Adjudicator had jurisdiction to address a set off defence that they had disregarded prior to reaching the Adjudication decision (‘the Decision’), resulting in a material breach of the requirements of natural justice. Background This case… Read More >