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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HS2 Review – The Implications
August 2019News of the Government’s review of HS2 has sent shock waves through the industry and contractors and consultants working on the project are urgently reviewing their appointments. In this article Antony Smith summarises the review’s objectives and the key implications to be considered. Antony’s comments have also been published in New Civil Engineer’s article –… Read More >
Calls for improved competency in the construction industry; The CSG publishes its interim report into improving construction competence
August 2019The Industry Response Group Steering Group (‘CSG’) has released its interim report on Competence for Building a Safer Future, in response to Dame Judith Hackitt’s report ‘Raising the Bar’. In this article, Nathan Modell, Michael O’Brien and Priya Thakrar summarise the details of this report and its possible implications.
Approved Inspectors do not owe a duty under the Defective Premises Act 1972
August 2019The Court of Appeal’s decision in The Lessees and Management Company of Heron’s Court v NHBC Building Control Services Limited [2019] EWCA Civ 1423 (“Heron’s Road”) reaffrims that Approved Inspectors do not owe a duty under Section 1 of Defective Premises Act 1972. In this article, Nathan Modell, Joanna Lewis and David Murphy discuss the… Read More >
HSE to target Principal Designers
August 2019The HSE’s business plan for 2019/2020 sets out a clear agenda to investigate Principal Designers. Since the introduction of the Principal Designer stakeholder under the CDM Regs 2015 there have been few successful prosecutions of Principal Designers, however the scrutiny of Principal Designers and their compliance with their duties is about to get a lot… Read More >
Standstill Agreements Endorsed by Court of Appeal
August 2019The Court of Appeal has confirmed that properly drafted standstill agreements can be used, resolving concerns raised by the High Court decision in Cowan v Foreman & Ors [2019] EWHC (“the case”) earlier this year. David McArdle and Thomas Adamson discuss this decision and how it will impact the use of standstill agreements in the… Read More >
KSA Update – New Tendering and Procurement Law
July 2019Last week KSA’s Finance Ministry announced the Government had approved a new government tenders and procurement law. The law will regulate Government tenders and procurements and will provide greater flexibility in the procurement process and is part of the reforms being implemented in the Saudi Vision 2030 to diversify the economy and encourage more foreign… Read More >
UK Government Cladding Update – 19.07.19
July 2019The Housing, Communities and Local Government Committee (“HCLGC”) published yesterday the responses to the Government’s June 2019 consultation in relation to the reform of the building safety regulatory system. The Government also set out its views on building safety work being undertaken in the UK and the progress of remedial works to high-rise developments featuring… Read More >
Network Rail Infrastructure Limited v ABC Electrification Limited [2019] TCC: Ensure your contracts reflect your commercial intentions
July 2019The decision in Network Rail Infrastructure Limited v ABC Electrification Limited [2019] in the Technology and Construction Court is a clear example of the Court’s overarching principle of giving effect to the “ordinary and natural” meaning of contractual provisions. In this article Antony Smith and Ahmed Mian discuss the case in more detail.
Arbitration News: Security for Costs in Arbitration – Is it likely to be ordered?
July 2019Security for costs is an interim measure sought by a party (usually the Respondent) to protect against the potential scenario that it is eventually successful in the arbitration and is awarded its costs to be paid by the claiming party but the claiming party has insufficient money to pay the adverse costs order made against… Read More >
NEC4 Alliancing Contract: Let’s do this together
July 2019In Sheena Sood’s latest article for Building Magazine, she examines how the NEC4 Alliancing Contract approaches project risks, liabilities, insurance and disputes.