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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Litigants in Person – not exempt from the strict rules on service
February 2018The Supreme Court handed down its judgment today on whether litigants in person can be excused from strict compliance with the rules on service. Those who have the pleasure in defending claims by litigants in person can breathe a sigh of relief as the answer is no, albeit only a majority of 3:2. Rhian Howell… Read More >
NEC4 Professional Service Contract – Briefing Note Two: Liability – Expanding the Consultants’ risk
February 2018The NEC4 suite of contracts was published on 22 June 2017. In the second of a series of briefing notes considering the significant changes to the NEC3 Professional Service Contract (“PSC”) we consider the Consultant’s liability under the NEC4 PSC. To read the full note, please click on the link below.
Reports from the Courts
February 2018In our latest review of the court decisions of most interest to construction Andrew Croft and Simii Sivapalan look at one that highlights the danger of conflicting and complicated drafting in contracts; and another that confirms the need to serve a pay less notice under the HGCRA 1996 applies to final or termination accounts as… Read More >
Rise in corruption and bribery prosecutions
February 2018In this article Laura Lintott, guest editor for Construction Law, discusses the increasing number of prosecutions related to bribery and corruption. The Serious Fraud Office (SFO) is becoming increasingly focused on such cases, and construction companies should take great care to comply with anti-corruption legislation, she warns. This article was first published in Construction Law.… Read More >
A race to keep up with the times
January 2018In her latest article for Building, Beale & Company partner, Sheena Sood, looks ahead at the challenges likely to dominate the construction industry in 2018, including cyber-crime, payment abuse, and mega-consolidation. To read the full article, please click on the link below.
Carillion Group Liquidation
January 2018A number of companies within the Carillion group have today been placed in compulsory liquidation. The Official Receiver has been appointed as liquidator, with support from PwC. James Hutchinson provides some background on this matter and sets out guidance in relation to dealing with Carillion. To read the full article, please click on the link… Read More >
NEC4 increases consultants’ risk
December 2017Will Buckby and Andrew Croft examine the new NEC4 Professional Services Contract and find the changes from the previous contract to be more than simply an evolution. Consultants face increased potential risk, they warn. To read the full article, please click on the link below.
Reports from the Courts
December 2017Our regular round up of the court cases of most interest to construction comes from Andrew Croft and Simii Sivapalan and focuses on a case highlighting that a high burden of proof of oppressive and unreasonable behaviour will be needed to obtain injunctive relief on those grounds in adjudication. This article was first published by… Read More >
Building a Safer Future
December 2017The Government has commissioned a review in respect of the effectiveness of current building and fire safety regulations. The interim findings of this review, produced by Dame Judith Hackitt, a qualified engineer with a strong regulatory background, were published yesterday (18 December 2017). The key points of which are highlighted in this note from Antony… Read More >
Insurers’ right to reimbursement of advanced Defence Costs
December 2017The High Court’s decision in Oldham v QBE Insurance (Europe) Ltd provides mixed news for Insurers. The judgement confirms that (i) Insurers have the right to reimbursement of previously advanced defence costs where ultimately no coverage is found despite there being no express right to to reimbursement in the policy but (ii) that the the… Read More >