Publications

Publications

Our lawyers contribute regularly to industry and legal journals including Building, Post Magazine and Solicitors Journal. In addition we write legal briefings, newsletters and case reports on our main practice areas.

Published and other articles are free and may be downloaded in PDF format.

See our most recent articles below or use the search function to find publications by Sector, Service and/or keyword. Articles over 1 year old are stored in our Publications Archive.

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James Vernon and Sophie Bryant

Yesterday saw the introduction of a new Private Members’ bill to tighten up existing late payment legislation, the first attempt to address late payment issues since the disappointing failure of the Aldous Bill last year.

In this note, James Vernon and Sophie Bryant discuss some of the key details of the new bill.

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Joanna Lewis and Sheena Sood

This week saw the announcement of new building safety reforms by Housing Secretary Robert Jenrick MP.

The proposals show a clear obligation for building owners/leaseholders to press on with remediation work as soon as possible, and evidence a move away from the emphasis on building height as a threshold for building safety requirements. In this latest update in our series ‘Building a safer future’, Joanna Lewis and Sheena Sood consider the extent of the latest reforms and their impact on the construction industry.

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Cian O'Gorman and Sophie Bryant

The recent judgment of Barniville J. in the case of XPL Engineering v K&J Townmore Construction Ltd suggests that the Court will be reluctant to override provisions set out in a contractual arbitration agreement and serves as a useful reminder of the Court’s increasing support for the referral of disputes to arbitration.

In this article, Cian O'Gorman and Sophie Bryant discuss the facts of the case, the decision of Barniville J. and what it means for those seeking to invoke contractual arbitration clauses in disputes.

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James Vernon and Sophie Bryant

In the recent decision of VVB M&E Group Limited & VVB Engineering UK Limited (together “VVB”) v Optilan (UK) Ltd (“Optilan”), the Technology and Construction Court considered the parties’ contractual payment arrangements in light of VVB’s application for delivery up of materials. Whilst the case, which relates to the ongoing Crossrail project, is very fact specific, it raises issues of general application as regards the operation of Payment and Pay Less Notices in construction contracts.

In this article, James Vernon and Sophie Bryant, discuss the case and the potential impact the decision might have on dispute resolution processes, such as adjudication.

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Sheena Sood

Publication: Building Magazine (January 2020)

In this month’s Building Magazine, Sheena Sood previews what 2020 will hold for the construction industry from a legal point of view.

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Giles Tagg and Zak Mehmood

The recent case of Triumph Controls UK Ltd & Anor v Primus International Hold Co & Ors, heard in the Technology and Construction Court, serves as a timely reminder on the rules surrounding costs awards. Specifically, it draws attention to the factors which ought to be taken into account by a Court in deciding the amount of costs payable to the 'winning' party.

In this article, Giles Tagg and Zak Mehmood look at this case, and how it raises the peculiar question of whether a party can lose on costs, despite winning the claim?

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Zita Mansi

Publication: AGS Magazine (December 2019 / January 2020)

It is common in construction projects for contractors, sub-contractors and consultants to be asked to provide collateral warranties and/or letters of reliance/assignments to parties other than the main client.

In this article written for the AGS Magazine (Association of Geotechnical & Geoenvironmental Specialists), Zita Mansi considers the scope of such liability to third parties and, also, the extent to which it can be limited in contractual documentation.

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Joanna Lewis and Sophie Bryant

Earlier this year, we considered the judgment of the Technology and Construction Court (“TCC”) in Zagora Management Ltd and others v Zurich Insurance plc and others [2019]. In our article (here), we focused on the court’s consideration of claims against the Approved Inspector (“AI”) and noted, in particular, the high hurdle a claimant must overcome in order to succeed in such a claim. The Court of Appeal has now considered the conclusions of the TCC on a different issue - maximum liability - in the case of Manchikalapati & others v Zurich Insurance PLC (T/A Zurich Building Guarantee & Zurich Municipal) and East West Insurance Company Ltd [2019].

In this article, Joanna Lewis and Sophie Bryant discuss this case and, in particular, the courts' increasing tendency to lean towards interpretations based on the "natural and ordinary meaning” of the words used.

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