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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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Broseley London Ltd v Prime Asset Management Ltd [2020] EWHC 944
May 2020The latest Technology and Construction Court (‘TCC’) judgment on payment and the enforcement of an adjudicator’s decision has been handed down. The Judge applied the “smash and grab” and “pay now argue later” principles as confirmed in the recent Court of Appeal decision of S&T (UK) v Grove Developments Limited (click here for case note).… Read More >
Global Vantage: Use of technology on international construction contracts in current climate
May 2020The use of technology in the construction sector is on the rise. In the current climate, the ability to operate remotely is a necessity rather than a choice, with the coronavirus pandemic only serving to accelerate the construction industry’s move into the digital era. Utilising technology such as Building Information Modelling (BIM) and ‘digital twins’… Read More >
Insurers – How to avoid your policy avoidance decision being overturned by the Court
May 2020In a decision handed down remotely on 21 April 2020, the High Court has held that an Insurer must act fairly and rationally when exercising its discretion to avoid a policy subject to an Innocent Non-Disclosure (“IND”) clause. This is the first time that the High Court has ruled directly on such matters and the… Read More >
COVID-19 & Construction Projects: Payment Disputes and Adjudication
May 2020One of the most significant issues affected by the COVID-19 crisis is cash flow. Cash flow is the lifeblood of every industry, but it is critical in construction. In this article, Killian Dorney and Cian O’Gorman address matters that should be considered before commencing a formal dispute resolution process in relation to a payment dispute… Read More >
Working Safely during Coronavirus – Government publishes new guidance for those working outdoors
May 2020On 11 May 2020, the Government published new guidance to assist employers, employees and the self-employed who work in or run outdoor working environments in understanding how to work safely during the coronavirus pandemic. In this article, Sheena Sood and James Hughes consider the key recommendations for employers to consider as the construction industry begins… Read More >
FCA Business Interruption update – High Court test case expected in July
May 2020On Friday 15 May, the FCA provided an update on its Covid-19 BI initiative. The FCA had already set out its intention to obtain expedited court declarations aimed at resolving the contractual uncertainty around the validity of many BI claims. Beale & Co Partner Stephen Reilly provides an update on the latest developments.
Covid-19 – Safe working could be a nuisance!
May 2020On the 13th May 2020, the UK government published a Written Ministerial Statement on planning and construction working hours. This statement expects local planning authorities to approve requests to extend construction working hours temporarily to ensure safe working in line with social distancing requirements, except where there are very compelling reasons to refuse a request.… Read More >
Less is more: CIC publishes streamlined adjudication procedure for Low Value Disputes
May 2020As the coronavirus pandemic continues to prompt industry concerns over an increase in construction disputes, the Construction Industry Council [link] has published a new adjudication procedure, aimed at resolving disputes that involve claims of less than £50,000. In this article, Sheena Sood and James Hughes look at the key features of this new procedure and… Read More >
Global Vantage: Subcontracting under the FIDIC Yellow Book
May 2020As many of you will know, in December 2019, the International Federation of Consulting Engineers (“FIDIC”) launched the latest update to its suite of standard forms of contract. Amongst FIDIC’s newest additions to its contractual suite is the “Conditions of Subcontract for Plant and Design (Yellow Book 1999), 1st ed (2019)” (the “Subcontract”), intended for… Read More >
Coronavirus Job Retention Scheme – Extension to Furlough announced by the Chancellor on 12 May 2020
May 2020The furlough scheme has now been extended from the end of June to the end of October 2020. It has so far protected 7.5million jobs and been used by nearly 1million businesses at a cost to the UK of £10billion. In this article, Michael Archer comments on the announcement by the Chancellor that he intends… Read More >