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
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 >
HSE to target Principal Designers
August 2019The HSE’s business plan for 2019/2020 sets out a clear agenda to investigate Principal Designers. Since the introduction of the Principal Designer stakeholder under the CDM Regs 2015 there have been few successful prosecutions of Principal Designers, however the scrutiny of Principal Designers and their compliance with their duties is about to get a lot… Read More >
Standstill Agreements Endorsed by Court of Appeal
August 2019The Court of Appeal has confirmed that properly drafted standstill agreements can be used, resolving concerns raised by the High Court decision in Cowan v Foreman & Ors [2019] EWHC (“the case”) earlier this year. David McArdle and Thomas Adamson discuss this decision and how it will impact the use of standstill agreements in the… Read More >
KSA Update – New Tendering and Procurement Law
July 2019Last week KSA’s Finance Ministry announced the Government had approved a new government tenders and procurement law. The law will regulate Government tenders and procurements and will provide greater flexibility in the procurement process and is part of the reforms being implemented in the Saudi Vision 2030 to diversify the economy and encourage more foreign… Read More >
UK Government Cladding Update – 19.07.19
July 2019The Housing, Communities and Local Government Committee (“HCLGC”) published yesterday the responses to the Government’s June 2019 consultation in relation to the reform of the building safety regulatory system. The Government also set out its views on building safety work being undertaken in the UK and the progress of remedial works to high-rise developments featuring… Read More >
Network Rail Infrastructure Limited v ABC Electrification Limited [2019] TCC: Ensure your contracts reflect your commercial intentions
July 2019The decision in Network Rail Infrastructure Limited v ABC Electrification Limited [2019] in the Technology and Construction Court is a clear example of the Court’s overarching principle of giving effect to the “ordinary and natural” meaning of contractual provisions. In this article Antony Smith and Ahmed Mian discuss the case in more detail.