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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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 >
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 >