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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New Pre-action Protocol for Construction and Engineering Disputes – Some Practical Tips
December 2016The Master of the Rolls has approved the New Pre-action Protocol for Construction and Engineering Disputes which came into force on 14 November 2016 (the “New Protocol”). Several changes have been introduced into the New Protocol to try to address the trend of protracted and disproportionately expensive protocol periods that were becoming commonplace under the… Read More >
Digital delivery – the legal implications
November 2016Digitising construction will demand a joined up legal, commercial and technical approach, say Andrew Croft and Adam Ifield of Beale & Company Solicitors LLP in this overview of the legal implications of new, digital ways of working. Responsibilities and roles are likely to change quickly, they warn. This article was fist published in November’s edition… Read More >
Reports from the Courts – November 2016
November 2016In our regular roundup of the court cases of most interest to construction, Andrew Croft and Simii Sivapalan of Beale & Company Solicitors LLP focus on a decision highlighting that reservations about an expert’s jurisdiction must be raised at the outset of any dispute; and another highlighting that exclusions to agreements for extensions of time… Read More >
Courts confirm “pay now and argue later” basis of on demand bonds
November 2016A number of recent cases concerning enforcement of “on demand” bonds confirm that they still feature as a requirement of many projects in the UK. In this article, Tom Pemberton highlights that the Courts are extremely reluctant to restrain the calling of such bonds and suggests that there may be scope to negotiate alternative forms… Read More >
An Expert Switch
November 2016Recent case law confirms the courts’ approach to parties changing from one expert witness to another and whether the first opinion sought should be disclosed to the court. Sheena Sood discusses further in her article for Building.
New Pre-action Protocol for Construction and Engineering Disputes now in force
November 2016The Master of the Rolls has approved the New Pre-action Protocol for Construction and Engineering Disputes which came into force from 14 November 2016. In this article we highlight some of the key changes made to the Pre-Action Protocol.
‘New’ Pre-action Protocol for Construction and Engineering Disputes
November 2016Modifications introduced in the New Pre-Action Protocol, which is expected to come into force today, aims to encourage early and fair resolution of construction and engineering disputes without disproportionate costs being incurred. In this article Ian Masser, Giles Tagg and SImii Sivapalan highlight the key changes in the New Protocol and provide comment on its… Read More >
Unmanned Aerial Devices – Drones
November 2016Unmanned Aerial Devices, such as drones, are increasingly being used in the construction industry, due to the relatively easy access to large sites, and tall or complex structures. In the UK there is a strict legal framework which applies to the use of drones which those in the construction industry may not be familiar with.… Read More >
Cyber Update: Byte-Sized Regular Updates on Cyber Liability Issues
November 2016In our regular update on cyber liability issues, James Hutchinson discusses the recent Tesco Bank hack, the UK opting in to the General Data Protection Regulation, record fines for Talk Talk following their data breach late last year and the European Commission’s guidance on cybersecurity for the financial sector, published last month.
Contract formation and terms – know the limits
November 2016In this article, Giles Tagg and Jon Quirk discuss the recent court ruling in Arcadis Consulting (UK) Limited v AMEC (BSC) Limited [2016] EWHC. The Court found that it could not imply a limitation of liability clause into the contractual agreement between the parties because negotiations over terms were still on-going. This ruling constitutes a… Read More >