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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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 >
Coming to Canada: Adjudication
October 2019On 1 October 2019, Ontario introduced the final phase of amendments intended to modernise its Construction Act (the “Bill”). Amongst these changes is the introduction of mandatory adjudication for payment related disputes. Nathan Modell and James Hughes explain how the newly introduced adjudication procedure in Ontario compares to the procedure under the Construction Act in… Read More >
The Health & Safety Authority Annual Report 2018 – a summary for the Irish construction sector
October 2019The Health and Safety Authority (HSA) has recently submitted its annual report for 2018 to Pat Breen TD, Minister for Trade, Employment, Business, EU Digital Single Market and Data Protection. The HSA is the Irish statutory body responsible for ensuring protection from work-related injury and ill health. This recent report is its third and final… Read More >