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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BIM implementation in the UAE on the rise
September 2017Following a mandate by the Dubai Municipality in 2013, BIM is increasingly being used on large scale projects in the UAE. However, unlike in other jurisdictions, such as the UK, few standards have been developed for the use of BIM in the UAE. In addition, the BIM approach is often not reflected in the contracts.… Read More >
Reduced fees; reduced duties
September 2017In a decision that will be welcomed by solicitors operating under fixed recoverable costs regimes, the Court of Appeal in Thomas v Hugh James Ford Simey Solicitors recently found that a firm of solicitors, when acting in high volume, fixed costs schemes for low value personal injury cases, are not expected to advise on heads… Read More >
Recovery of your adjudication legal costs under the Late Payment of Commercial Debts (Interest) Act 1998? Think again!
September 2017Following the decision of the TCC last month in Enviroflow Management Ltd v Redhill Works (Nottingham) Ltd [2017] (unreported), successful referring parties to adjudications may no longer be able to take advantage of the implied terms in the Late Payment of Commercial Debts Interest Act 1998 to seek to recover their legal costs. In this… Read More >
Irish Consumer Insurance Contracts Bill 2017
September 2017On 19 January 2017 the Consumer Insurance Contracts Bill 2017 (the “Bill”) was introduced. The Bill is based on the Law Reform Commission’s 2015 report on consumer insurance contracts and replicates parts of some UK Acts including the Insurance Act 2015, Third Parties (Rights against Insurers) Act 2010 and the Consumer Insurance (Disclosure and Representations)… Read More >
Irish Health and Safety Authority Annual Report 2016 – Key Points
August 2017The Health and Safety Authority (“HSA”) recently published its Annual Report for 2016. It is the first Annual Report under the Authority’s strategy for 2016 to 2018. The HSA is responsible for ensuring adherence with health and safety legislation across a diverse range of sectors including agriculture, chemicals and construction. Sarah Conroy and Karen Elliott… Read More >
Irish Corporate Manslaughter (No.2) Bill
August 2017On 13 July 2016 a Bill was introduced to the Houses of the Oireachtas to, “create the indictable offence of corporate manslaughter by an undertaking to create the indictable offence of grossly negligent management causing death by a high managerial agent of the undertaking, and to provide for related matters”. In its 2005 Report on… Read More >
NEC4 Professional Services Contract – Briefing Note One: Defined Cost – Rethinking Business Models
August 2017The NEC4 suite of contracts was published on 22 June 2017. As we outlined in our webinar on 25 July 2017 (available to view here), the changes to the NEC3 Professional Services Contract (the PSC) are significant. A lot of commentary has focused on the change to the Engineering and Construction Contract (the ECC). The… Read More >
Irish Mediation Bill 2017
August 2017The much anticipated Mediation Bill was first presented to Dáil Eireann on 9 February 2017. The Bill is currently in the final stages before the Seanad, having been passed by the Dáil on 13 July 2017. The Bill aims to promote mediation as an alternative to court proceedings in resolving disputes. In this article, Sarah… Read More >
Reports from the Courts
August 2017Our regular round up of court cases of most interest to construction from Andrew Croft and Nadir Hasan includes a decision in which the slip rule proved crucial; and one where the court supported the view that an insured’s policy is not disclosable. To read the full article, please click on the link below. This… Read More >
The devil is in the detail: Supreme Court rules on fitness for purpose, overturning the Court of Appeal decision in MT Højgaard A/S
August 2017In a judgment issued on 3 August 2017, the Supreme Court has overruled the Court of Appeal decision in the case of MT Højgaard A/S v E.ON Climate and Renewables UK Robbin Rigg East Limited and Anor [2017] UKSC 59, restoring the TCC first instance finding that the contractor (MT Højgaard A/S) was liable to… Read More >