Publications archive

Andrew Croft and Kevin Henderson

On 19 June 2019, the UK Government released their response to a recent call for evidence on late payments, primarily being another consultation. Whilst it is encouraging that the Government remains committed to discussing and acknowledging the key issue of late payment, we feel this was a missed opportunity to make a substantive impact.

Late payment in the construction industry has been a hot topic for a significant time now and despite various government consultations, few outcomes have actually been implemented. Andrew Croft and Kevin Henderson discuss this issue in more detail here.

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Sadaff Habib

Publication: Kluwer Arbitration Blog

In September 2018, Tanzania took the international arbitration community by surprise when it issued its notice of its intent to terminate the Agreement on Encouragement and Reciprocal Protection of Investments between Tanzania and the Netherlands which was set to expire on 1 April 2019 (Netherlands BIT). Article 14 (2) of the Netherlands BIT provides that if either party did not terminate the treaty within six months of the expiration date, the bilateral investment treaty would automatically renew for an additional ten years, that is, to 2029.

Sadaff Habib, Senior Associate in our Dubai office and assistant editor for the Africa region at Kluwer Arbitration Blog, discusses here the case for termination and the new ICSID case, the status of the Netherlands BIT post termination and what this means for other BITs in place in Tanzania.

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Jo Lewis, Michael O'Brien and Priya Thakrar

On 6 June 2019, the Government launched a consultation on reforms to the Building Regulations which follows on from the recommendations made by Dame Judith Hackitt in her Independent Review of Building Regulations and Fire Safety (‘Hackitt Review’).

The consultation spans five broad areas: the scope of the new regime, the introduction of a system of dutyholders, mechanisms for keeping residents informed, a more effective regulatory and accountability framework and strengthened enforcement and sanctions.

In this article, Jo Lewis, Michael O'Brien and Priya Thakrar highlight the key points from these areas and provide commentary on the potential implications of the consultation.

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Andrew Croft and Will Buckby

The CIC forms of collateral warranty and novation agreement are generally considered to be the only reasonable standard forms of collateral warranty and novation agreement from a consultant’s (or sub-consultant’s or contractor’s) perspective.

Following on from our recent webinar on the CIC Forms, Senior Associate Andrew Croft and Partner Will Buckby provide comments on the changes and tips and guidance for use of the documents.

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Will Buckby and Madeleine Kelly

In a hardening contractual market, a set of standard terms and conditions is a really useful risk management tool for a consultant in order to (i) set a benchmark at the outset as to what terms and conditions are acceptable and (ii) ensure a contract is in place at an early stage including, amongst other things, appropriate limits of liability.

Here Will Buckby and Madeleine Kelly discuss the key changes you need to consider implementing into your standard terms and conditions.

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Andrew Jones

The Court of Appeal has handed down judgment on the circumstances in which a defendant can take advantage of a claimant's error in litigation, following the High Court striking out a claim in Woodword v Phoenix Healthcare last year where the defendant did not point out the claimant’s invalid service of proceedings.

In this article, Andrew Jones discusses this Court of Appeal decision, its proviso and the implications for insurers and their insureds going forward.

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Nadir Hasan

Every significant construction project will impact the communities around it. This is particularly true of infrastructure schemes in developing countries. A highway can run through a farmer’s fields, cutting off his access to his crops or livestock. The reservoir created by a dam can drown whole villages, uprooting their residents and forcing them to relocate. Even those not directly affected must put up with years of noise, dust and disruption from the construction works.

Delivery of community benefits is very often required under a government-procured construction contract, and may be written into a funding agreement entered into with an MDB. However, the people with the power to cause the most disruption to a project, the communities themselves, are often overlooked.

Beale & Co recently acted in a dispute for the developer of a large-scale renewable energy project in Central America where community buy-in had not been agreed, resulting in significant delay to the construction project. In this article Associate Nadir Hasan looks at what had gone wrong and how to avoid these situations in the future.

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Stephen Reilly

In a thought provoking case for W&I Insurers when considering policy response issues, the High Court this month has provided more judicial guidance on fair disclosure, quantifying loss and contractual notice issues in the matter of 116 Cardamon Limited v MacAlister.

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