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
Reports from the Courts
May 2018In our regular round up of cases of most interest to construction, Andrew Croft and Ben Spannuth look at: a significant case regarding payment under the Construction Act in the absence of a pay less notice, which could lead to a reduction in “smash and grab” adjudications. a rare case considering a Pre-Construction Services Agreement,… Read More >
Modern methods and the law
April 2018In her latest article for Building magazine, partner, Sheena Sood, considers the growth of offsite construction methods and the legal implications associated with their use. Traditional construction contracts and subcontracts may not be appropriate for offsiteconstruction. Now that innovative construction techniques are transforming the way we design and build, the legal and insurance industries should recognise the need for… Read More >
Layer Cake: When does a project insurance policy not cover insureds of all tiers?
April 2018In a recent judgment, the TCC has found that that a sub-contractor is not covered by a project insurance policy where the sub-contract expressly stated that the sub-contractor must obtain its own insurance, notwithstanding the terms of the project policy stating that cover was provided to all tiers of contractor and sub-contractor. In this article,… Read More >
Arbitration News: Arbitrator's Independence
April 2018The recent case of Société Saad Buzwair Automotive Co v Société Audi Volkswagen Middle East FZE LLC in the Paris Court of Appeal is a reminder that courts may set aside international arbitration awards on the basis that the arbitral tribunal was not properly constituted. The legal framework governing whether arbitrators have acted with independence… Read More >
Rosbeg Partners v LK Shields Solicitors [2018] IESC 23
April 2018On 18 April 2018 the Irish Supreme Court delivered an important judgment in respect of the calculation of damages in professional negligence claims against solicitors in the context of a fluctuating property market. The Supreme Court reduced the level of damages awarded against the firm of solicitors from €11million to €5.2million. In this article, Lasairfhíona Ní Laighin… Read More >
The highly anticipated BIM Protocol Second Edition, drafted by Beale & Company, is published today by the Construction Industry Council (CIC)
April 2018We are delighted to have joined up with the Construction Industry Council to draft the Second Edition of the BIM Protocol, produced to reflect current practices and standards regarding the use of BIM now that the UK Government’s BIM mandate is in force and BIM is widely used. Click here for a copy of the… Read More >
Impact of Foreign Direct Investment on Arbitration in Africa
April 2018Sadaff Habib, a solicitor in our Dubai office who is also the assistant editor for the Africa region at Kluwer Arbitration Blog, has written an article on the impact of foreign direct investment (FDI) on arbitration in Africa, addressing what FDI is; what it means for international arbitration in Africa and choosing a “seat” in Africa. You… Read More >
Reports from the Courts
April 2018Andrew Croft and Simii Sivapalan review the most recent cases of interest to construction including: one highlighting that contractual rights and remedies in respect of insolvency can apply after termination by a contractor for breach of contract; and another reiterating that in relation to claims for payment the limitation period starts to run on the… Read More >
Limitation in Ireland – Supreme Court decision in Brandley v Deane
March 2018The Supreme Court has delivered its much-anticipated Judgement in the case of Liam Brandley and WJB Developments Limited v Hubert Deane t/a Hubert Deane & Associates and John Lohan t/a John Lohan Groundworks Contractors 2010/10994 P. The law has been clarified on when the clock will begin to run in relation to the six year… Read More >
Insurance Europe Issues GDPR Data Breach Notification Template
March 2018Insurance Europe, the European Insurance and reinsurance federation, has issued a template for reporting data breaches to the Information Commissioner’s Office (ICO) under the General Data Protection Regulation (GDPR). From 25 May 2018, companies will have to submit relevant information about a data breach to the ICO without undue delay and, where feasible, no later… Read More >