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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Reports from the Courts – June
June 2019Our regular round up of the cases of most interest to construction comes from Andrew Croft and Ben Spannuth, focusing on a decision that serves as a reminder that where new evidence becomes available or where some part of the claim has been left undecided in an earlier adjudication, it may be possible to adjudicate… Read More >
NEC4 Professional Service Contract – Briefing Note Three: Defined Cost and GDPR
May 2019The NEC4 suite of contracts was published on 22 June 2017. In the third of a series of briefing notes on the NEC4 Professional Service Contract we consider the relationship between the detailed requirements of the Defined Cost regime and obligations under GDPR, in light of concerns raised by a number of consultants and the… Read More >
Reports from the Courts – May
May 2019Our latest round up of construction cases comes from Andrew Croft and Ben Spannuth, focusing on a dispute involving failure to submit a payment or pay less notice; and a widely publicised domestic client case that highlight their importance of a written agreement, a clear brief and clear and accurate record-keeping. This article was first… Read More >
Euro Pools v RSA (on appeal): The Court of Appeal provides crystal clear guidance on scope of notification of a circumstance
May 2019What constitutes a notifiable circumstance? The Court of Appeal has concluded that Moulder J’s approach at first instance was wrong, particularly when assessing the requisite knowledge required of an insured when notifying a circumstance. The question of whether a claim arises from a notified circumstance cannot simply be a subjective one. In this article, David… Read More >
Working at Height and Public Works
May 2019Following on from their article ‘Preventing Falls from Height in the Construction Industry’, Joanna Lewis and Jade Harvey look at a recent FOI request on working at height incidents. To read the full article, please click on the link below.
The impact of the sentencing Council's Definitive Guideline on Health and Safety at Work Offences
May 2019On 1 February 2016, the guidelines for the sentencing of health and safety offences, corporate manslaughter and food safety and food hygiene offences (“the Definitive Guideline”) came into force. Joanna Lewis and Jade Harvey consider the impact this has had on health and safety at work offences, and what further impact the Definitive Guideline will… Read More >
UK Government Cladding Update – 09.05.19
May 2019The UK Government announced today that it will allocate £200m to address private residential high-rise developments featuring combustible cladding, as it is alleged that freeholders and developers have failed to take appropriate action and have attempted to pass on the costs to leaseholders. This fund is similar to one announced in 2018 for social housing… Read More >
Arbitration News: Challenges to arbitrator’s appointment
May 2019Challenges to an arbitrator’s appointment are not everyday events, and successful challenges are rare. However, there may be instances where a party is dissatisfied with the arbitrator/s appointed and may seek to remove them from the tribunal. The party challenging the arbitrator should be aware that the hurdle to success is set high and so… Read More >
Ready, set, accelerate! Construction acceleration in the UAE
May 2019Under UAE law, there is no recognised concept of constructive acceleration and a Contractor who incurs additional expense to mitigate an Employer caused delay will not automatically be entitled to recover those costs. In this article Scott Lambert and Jeremy Russell look at the position at law and under the contract, what to do and… Read More >
Breach of Warranty and the correct measure of loss. Novel “loss of chance” argument fails in the High Court
April 2019In Oversea-Chinese Banking Corp LTD v ING Bank NV (2019) [2019] EWHC 676 (Comm) the Claimant ran a novel argument on its breach of warranty claim where it did not plead diminution in value of the shares as the measure of loss in relation to a £14.5m breach of Warranty claim that the Target’s accounts failed to… Read More >