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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The same or substantially the same dispute?
April 2019In Hitachi Zosen Inova AG v John Sisk & Son Ltd [2019] EWHC 495 (TCC), Stuart-Smith J decided that even if an earlier adjudication had concluded that a variation was valid and its value was ‘£nil’ for the purposes of a payment application (due to lack of evidence), the decision made in a subsequent adjudication… Read More >
Let's agree to disagree! Arbitration: A preferred mechanism of alternative dispute resolution
March 2019Antony Smith has contributed to the Driver Trett Digest published this month with his article ‘Let’s agree to disagree!’. With construction companies doing more and more business overseas, Antony discusses arbitration as a preferred mechanism of alternative dispute resolution.
Further focus on sentencing for Health & Safety Offences
March 2019A construction company has been fined £900,000 after an employee died when he was struck by a retaining wall which collapsed as it was being backfilled. As this case demonstrates, fines for breaches of Health & Safety legislation have increased since the Sentencing Guidelines came into effect of 1 February 2016. The proposed further changes… Read More >
‘Sleek and modern’ or ‘wonky and industrial’: A reminder of an architect’s duties
March 2019A recent decision in the Technology and Construction Court has found that an architect was negligent for altering the design of a cinema room without first informing or agreeing the changes with his clients. Although it is a fact specific case, it provides useful guidance on the duties and obligations that the court expects an… Read More >
Preventing falls from height in the construction industry
March 2019The All-Party Parliamentary Group (‘APPG’) on Working at Height published a report in February 2019 following a 12-month inquiry investigating the common causes of falls from height in the construction industry (the Report). As well as reviewing current legislation, the Report has made four primary recommendations aiming to reduce the number of falls and help… Read More >
Sector puts on a brace face as Brexit day approaches
March 2019Will Buckby, Partner in our Contracts and projects advisory team, was delighted to participate in a roundtable discussion last month on Brexit, hosted by Transportation Professional and the Chartered Institution of Highways & Transportation (CIHT). You can read a copy of their excellent summary of the event here.
Cladding Claims: Apportioning liability – an Australian Perspective
March 2019A fact specific recent decision by the Victorian Civil and Administrative Tribunal in Australia has found that the contractor was liable to pay damages caused by a cladding fire, which occurred in November 2014. However, the contractor was successful in passing on the liability to the fire engineer, building surveyor and architect on the project.… Read More >
True value adjudication: no right to set-off against a smash and grab
March 2019M Davenport Builders Ltd v Greer & Anor [2019] EWHC 318 (TCC) is one of the first cases to consider the enforcement of a ‘smash and grab’ adjudication since the landmark ruling in Grove Developments Limited v S&T (UK) Limited [2018] was affirmed by the court of appeal. In this article, James Vernon and Charlotte… Read More >
Blogging the B-Word
March 2019With the planned Brexit Day fast approaching on 29 March, understandably we’ve seen an increase in queries and requests for advice relating to Brexit. In this blog, Will Buckby comments on how Brexit might impact the construction industry, and gives an insight in to some of the risks that need to be considered and suggests… Read More >
Arbitration in Saudi Arabia – meeting the goals of Vision 2030
March 2019Through the Vision 2030 initiative, KSA’s Crown Prince has promoted the development of new infrastructure, manufacturing hubs, housing, transport and commercial spaces. However, despite the attractive commercial offering that KSA provides, many in the market appear to be taking a cautious approach when it comes to doing business in the region citing concerns regarding payment,… Read More >