Publications archive

Will Buckby & Kevin Henderson

Following on from the last article on Brexit, Blogging the B-Word, Will Buckby and Kevin Henderson provide a quick recap of the Brexit process to date and analyse the effects of the current market uncertainty on the construction supply chain.

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James Vernon and Charlotte Gooch

In 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 relating to the actual value of that variation would still be enforced.

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Antony Smith

Publication: Driver Trett Digest April 2019

Antony 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.

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Zita Mansi

A 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 to the Guidelines will increase the focus on aggravating and mitigating factors and raise the possibility that fines could increase further and/or higher fines will be imposed more consistently.

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Nathan Modell and Priya Thakrar

A 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 architect to meet. This includes the importance of clear and accurate record keeping and ensuring that architects have finalised written briefs prior to commencing work on a project, as well as complying with the RIBA Code of Professional Conduct and the ARB Code of Conduct.

Nathan Modell and Priya Thakrar provide more detail in their article here.

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Joanna Lewis, Jade Harvey and Priya Thakrar

The 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 foster a wider cultural shift in the attitude to health and safety in the future.

Read our article for information on the current legislation, the recommendations identified by APPG and how digital technology has a part to play in the future.

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Publication: Transportation Professional (CIHT)

Will 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.

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Nathan Modell & Priya Thakrar

A 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.

This is the first decision in Australia to consider the apportionment of responsibility between different parties for the installation of non-compliant combustible cladding.

In this article, Nathan Modell and Priya Thakrar provide an insight into this unique case, and explain how this decision came about.

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