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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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Do not fall into the Pitfall of Poor Contract Drafting
February 2020We are seeing an increase in disputes arising out of poorly drafted contract provisions that offer multiple interpretations, leaving those tasked with applying and/or interpreting such provisions guessing as to what the parties originally intended. In this article Antony Smith and Sadaff Habib remind us how costly simple drafting mistakes can be and the issues… Read More >
Reports from the Courts – January/February
January 2020In our round up of cases of most interest to construction Andrew Croft and Benjamin Spannuth report on a decision that confirms the importance of expressly including an Act-compliant payment mechanism and an express right to suspend in the event of non-payment in every ‘hybrid’ contract; and another that warns replacement contractors not to be… Read More >
Adjudication: Show me the money…!
January 2020Since the introduction of statutory adjudication in Ireland by the Construction Contracts Act 2013 (CCA), it has been possible to refer payment disputes under construction contracts to adjudication for resolution. Following a slow start in 2016 after the enactment of the CCA, the use of adjudication has recently shown a marked rise in frequency. In… Read More >
Japanese Knotweed – Not such a knotty problem?
January 2020In recent years, Japanese Knotweed has become the ‘villain’ of the horticultural world, feared by property owners and mortgage lenders. However, a UK government report published in May 2019 suggests that Japanese Knotweed may not be as big a problem as previously thought. In this article we consider the problematic nature of the plant, the… Read More >
Late payment update – new bill in Parliament
January 2020Yesterday saw the introduction of a new Private Members’ bill to tighten up existing late payment legislation, the first attempt to address late payment issues since the disappointing failure of the Aldous Bill last year. In this note, James Vernon and Sophie Bryant discuss some of the key details of the new bill. To read… Read More >
Building a safer future – latest reforms
January 2020This week saw the announcement of new building safety reforms by Housing Secretary Robert Jenrick MP. The proposals show a clear obligation for building owners/leaseholders to press on with remediation work as soon as possible, and evidence a move away from the emphasis on building height as a threshold for building safety requirements. In this… Read More >
When ‘disputes’ arise – what triggers the court’s obligation to refer to arbitration?
January 2020The recent judgment of Barniville J. in the case of XPL Engineering v K&J Townmore Construction Ltd suggests that the Court will be reluctant to override provisions set out in a contractual arbitration agreement and serves as a useful reminder of the Court’s increasing support for the referral of disputes to arbitration. In this article, Cian O’Gorman… Read More >
Payment and Pay Less Notices in construction contracts – contract clarity and nil value payments
January 2020In the recent decision of VVB M&E Group Limited & VVB Engineering UK Limited (together “VVB”) v Optilan (UK) Ltd (“Optilan”), the Technology and Construction Court considered the parties’ contractual payment arrangements in light of VVB’s application for delivery up of materials. Whilst the case, which relates to the ongoing Crossrail project, is very fact specific, it raises… Read More >
The Year Ahead in Construction
January 2020In this month’s Building Magazine, Sheena Sood previews what 2020 will hold for the construction industry from a legal point of view.
Triumph reigns triumphant once again! Well, sort of…
January 2020The recent case of Triumph Controls UK Ltd & Anor v Primus International Hold Co & Ors, heard in the Technology and Construction Court, serves as a timely reminder on the rules surrounding costs awards. Specifically, it draws attention to the factors which ought to be taken into account by a Court in deciding the… Read More >