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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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Good news for those providing collateral warranties – beneficiary is time-barred from bringing a claim
October 2019In British Overseas Bank Nominees Limited v Stewart Milne Group Limited [2019] CSIH 47 the Scottish Inner House overturned the Outer House’s original ruling and held that the limitation period under an underlying contract also applied to a collateral warranty. This brings the Scottish approach in line with that adopted by the English courts in… Read More >
UK Government Sprinklers and Fire Safety Measure Update
October 2019The Ministry of Housing, Communities and Local Government (“MHCLG”) recently published a consultation document outlining the Government’s proposals to reduce the trigger height at which sprinklers would be required in new high-rise apartment buildings in England. This follows an initial call for evidence as part of a broader technical review of Approved Document B of… Read More >
Cabinet Office publishes procurement policy note on supplier prompt payment
September 2019The Cabinet Office has published Procurement Policy Note 04/19 (PPN 04/19), which sets out how the payment approaches of bidders can be taken into account in the procurement of major government contracts. The PPN applies to all central government departments, their executive agencies and non-departmental public bodies when procuring contracts for goods, services or works… Read More >
No deal Brexit and the construction sector – what do you need to know?
September 2019In the current political climate and with a no-deal Brexit looming, it is essential that all professionals give careful thought to the implications of a no deal Brexit on their business position. In this article, Sheena Sood and Will Buckby explain how businesses will be affected and consider, in particular, the extent to which a… Read More >
ADGMAC publishes Arbitration Guidelines
September 2019On 17 September, the Abu Dhabi Global Market Arbitration Centre (ADGMAC) published a set of Arbitration Guidelines. The Guidelines aim to provide all participants in an arbitration dispute with a set of best practice procedures to ultimately provide greater certainty and efficiency to the arbitral process. In this article, Nadia Paliwalla and Claire Miller, provide… Read More >
Cladding Claims – Lacrosse Tower decision to be appealed
September 2019It has recently been reported that the Lacrosse Tower decision will be appealed to Victoria’s Supreme Court of Appeal. The first instance decision, which we discuss in detail here, was noteworthy in that the building surveyor, fire engineer and architect were apportioned liability for the advice provided to the contractor in respect of combustible cladding.… Read More >
Bribes and stolen windows, pots and kettles – difficulties of terminating a contract due to dishonesty
September 2019NUA Facades Limited, Nua Interiors Limited and Silk Property Developments Limited v Terry Brady T/A Terry Brady Developments Limited. This recent case has not received a great deal of attention. However, it should be of interest to contractors, project managers and employers. It reaffirms the difficulties parties face when seeking to set aside agreements, even… Read More >
Foreign Consultancies banned from Saudi Arabian Government Contracts
September 2019A Royal Order has been issued which seeks to limit government departments and agencies from awarding contracts to foreign consultancy and advisory companies where a Saudi firm or research centre, with sufficient experience, is able to provide the required consultancy services. In our article Scott Lambert and Jeremy Russell discuss the potential impact on the… Read More >
Contracts playing catch up in digital revolution
September 2019Construction has lagged in the digital revolution and the industry’s contracts still generally do not reflect Building Information Modelling, which sits at the revolution’s heart. Andrew Croft of Beale & Co and May Winfield of Buro Happold examine efforts being made to help the industry catch up. This article was first published in Construction Law.… Read More >
Reports from the Courts – August
September 2019Andrew Croft and Ben Spannuth present our regular round up of court cases of most interest to construction. One decision confirms that the courts will enforce time bars to adjudication under NEC contracts in circumstances where the Construction Act 1996 does not apply; another emphasises the importance of clarity as to what is being agreed… Read More >