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.
Article Search
Archives: Articles
Government Consultation for proposed Building Regulations reforms
June 2019On 6 June 2019, the Government launched a consultation on reforms to the Building Regulations which follows on from the recommendations made by Dame Judith Hackitt in her Independent Review of Building Regulations and Fire Safety (‘Hackitt Review’). The consultation spans five broad areas: the scope of the new regime, the introduction of a system… Read More >
Construction Industry Council (CIC) Forms
June 2019The CIC forms of collateral warranty and novation agreement are generally considered to be the only reasonable standard forms of collateral warranty and novation agreement from a consultant’s (or sub-consultant’s or contractor’s) perspective. Following on from our recent webinar on the CIC Forms (here), Senior Associate Andrew Croft and Partner Will Buckby provide comments on… Read More >
Time to update your terms and conditions
June 2019In a hardening contractual market, a set of standard terms and conditions is a really useful risk management tool for a consultant in order to (i) set a benchmark at the outset as to what terms and conditions are acceptable and (ii) ensure a contract is in place at an early stage including, amongst other… Read More >
Court of Appeal confirms a party has no duty to point out their opponent’s mistakes
June 2019The Court of Appeal has handed down judgment on the circumstances in which a defendant can take advantage of a claimant’s error in litigation, following the High Court striking out a claim in Woodword v Phoenix Healthcare last year where the defendant did not point out the claimant’s invalid service of proceedings. In this article,… Read More >
Construction Projects and Community Engagement
June 2019Every significant construction project will impact the communities around it. This is particularly true of infrastructure schemes in developing countries. A highway can run through a farmer’s fields, cutting off his access to his crops or livestock. The reservoir created by a dam can drown whole villages, uprooting their residents and forcing them to relocate.… Read More >
W&I Insurance – more judicial guidance on fair disclosure, quantifying loss and contractual notice issues
June 2019In a thought provoking case for W&I Insurers when considering policy response issues, the High Court this month has provided more judicial guidance on fair disclosure, quantifying loss and contractual notice issues in the matter of 116 Cardamon Limited v MacAlister. In this article, Stephen Reilly, partner, highlights the key issues raised in the proceedings… Read More >
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 >