Publications archive

James Vernon, Simii Sivapalan and Jason Bird

In an interesting judgment for the construction industry, the TCC in North Midland Building Ltd v Cyden Homes Ltd [2017] considered the enforceability of a bespoke exclusion in respect of concurrent delay and its impact on the ‘prevention principle’. The judgment confirms that parties can agree at the outset of a contract, who bears the risk of concurrent delay.

James Vernon, Simii Sivapalan and Jason Bird explain more in this article.

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Sheena Sood

Publication: Building

In the latest article for Building, Sheena Sood, provides comment on the potential impact of the new Pre-Action Protocol for Debt Claims which will apply to any business wishing to pursue monies owed by an individual or a sole trader on or after 1 October 2017.

This article was first published in Building in October 2017.

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Nathan Modell and Elizabeth Andrews

Nathan Modell and Elizabeth Andrews discuss the recent judgment in Riva Properties Ltd & Ors v Foster + Partners Ltd. In this case, where the claimant sought the recovery of losses of over £16m, Mr Justice Fraser considered the scope of an architect’s duty of care owed towards his client in relation to costs.

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Stephen Reilly and Fiona Murphy

In Crowden v QBE Insurance (Europe) Ltd, the High Court has given important guidance on how insurance policy exclusion clauses should be interpreted. The Court’s decision will be welcomed by Insurers generally.

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Stephen Reilly and Jason Bird

Stephen Reilly, Partner, and Jason Bird, Trainee, overview the market for increasingly used Warranty and Indemnity policies which oil the wheels of M&A transactions around the world and consider the benefits, insurers’ risk appetite and W&I claims experience.

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James Vernon and Jason Bird

In this article, James Vernon and Jason Bird, discuss two recently published decisions in the TCC which considered the enforceability of an Adjudicator’s decision and insolvency issues.

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Andrew Croft and Simii Sivapalan

Publication: Construction Law

In our regular round up of the court decisions of most significance to construction Andrew Croft and Simii Sivapalan examine a case concerning exemption clauses that went to the appeal court; and another highlighting that contractors need to act quickly to submit extension of time claims.

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Mary Smith

In August of this year, the RIAI released new editions of the Yellow and Blue Forms of Construction Contracts ("the 2017 Editions"). In this update Mary Smith outlines the main changes to these amended forms of construction contracts.

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