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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Maintenance, is it WELCARed for? Maintenance cover on offshore projects – CAR policies and the 2001 WELCAR terms
November 2019In a rare court decision on matters relating to construction all risk insurance policies, in the case of Munich Re Capital Limited v Ascot Corporate Name Limited [2019] the Commercial Court considered the application of maintenance cover under the provisions of an Offshore Construction All Risks (“CAR”) policy on WELCAR 2001 Offshore Construction Project Policy… Read More >
Supreme Court judgment on claims for lost opportunity – subsequently acquired evidence is not a “knock-out blow”
November 2019Edwards on behalf of the estate of the late Thomas Arthur Watkins (Respondent) v Hugh James Ford Simey Solicitors (Appellant) In this much anticipated judgment on a claim arising from the handling of VWF litigation against British Coal Corporation (“British Coal”), the Supreme Court considered the correct approach to adopt in lost opportunity claims –… Read More >
Dickie & Moore Ltd v The Trustees of The Lauren McLeish Discretionary Trust – Severing an Adjudicator's Award
November 2019In this case in the Scottish Court of Session the court has given some useful guidance as regards the severability of adjudicators’ decisions. Though a Scottish decision, it is likely to be followed by the courts in England and Wales and, as such, is of interest to anyone who may be considering applying for severance… Read More >
Building a safer future – recent key developments
November 2019In this note, Sheena Sood and Joanna Lewis provide an update that looks at the recent key developments in the steps towards building a safer future including the publication of the Phase 1 Report from the Grenfell Tower Inquiry and a look at what the future may hold. To read the note, please click on… Read More >
Meadowside Building Developments Ltd v 12-18 Hill Street Management Company – Insolvency and Adjudication
November 2019This decision by the TCC provides further consideration of the right of a company in liquidation to refer a dispute to adjudication. It follows the earlier Court of Appeal decision in Bresco Electrical services Limited (in liquidation) v Michael J Lonsdale (Electrical) Ltd (“Bresco”) which we considered in an article earlier this year. In this… Read More >
Onerous terms must be resisted
November 2019In this month’s edition of Construction Law, guest editors Will Buckby and Madeleine Kelly report that increasingly onerous conditions are being imposed on consultants, some which may not be covered by professional indemnity insurance. Consultants must be prepared to ‘walk away’ when conditions attempt to impose risks that cannot be properly managed, they urge. This… Read More >
Reports from the Courts – October
October 2019Our regular round up of the cases of most relevance to construction from Andrew Croft and Ben Spannuth focusses on a case highlighting that the courts will accept the natural and ordinary meaning of words unless there is evidence to the contrary; and another underlining the importance of clearly pleading your case and fully particularising… Read More >
Insurers' liability for uninsured third party costs – "intermeddling" or not?
October 2019The Supreme Court yesterday handed down an insurer-friendly judgment in the case of Travelers Insurance Company Ltd v XYS overturning earlier decisions by the High Court and the Court of Appeal which held insurers liable for third party costs. It held that a liability insurer is not obliged to pay a third party’s costs in… Read More >
Payment provisions in hybrid contracts – C Spencer Limited v MW High Tech Projects UK Limited
October 2019In this recent case the Court held that a contractual payment mechanism that is compliant with the Housing Grants, Construction and Regeneration Act 1996 will apply to all payments under a “hybrid” contract. This will include payments due in respect of both construction works and works excluded from the definition of construction operations under the… Read More >
The Workplace Relations Commission (Ireland) Annual Report 2018 – a summary
October 2019Earlier this year, the Workplace Relations Commission (“WRC”) in Ireland published its annual report for 2018. The WRC was established in 2015 under the Workplace Relations Act 2015. Its main functions include the promotion and encouragement of compliance with relevant employment law; giving guidance as regards compliance; reviews of workplace relations and the provision of information regarding… Read More >