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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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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James Vernon and Charlotte Gooch

M Davenport Builders Ltd v Greer & Anor [2019] EWHC 318 (TCC) is one of the first cases to consider the enforcement of a 'smash and grab' adjudication since the landmark ruling in Grove Developments Limited v S&T (UK) Limited [2018] was affirmed by the court of appeal.

In this article, James Vernon and Charlotte Gooch provide an insight into this recent case and explain how it led to an adjudication.

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Will Buckby

With the planned Brexit Day fast approaching on 29 March, understandably we've seen an increase in queries and requests for advice relating to Brexit.

In this blog, Will Buckby comments on how Brexit might impact the construction industry, and gives an insight in to some of the risks that need to be considered and suggests how to future proof your contracts.

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Jeremy Russell

Through the Vision 2030 initiative, KSA's Crown Prince has promoted the development of new infrastructure, manufacturing hubs, housing, transport and commercial spaces.

However, despite the attractive commercial offering that KSA provides, many in the market appear to be taking a cautious approach when it comes to doing business in the region citing concerns regarding payment, the uncertain judicial landscape, and whether there is an effective and robust commercial arbitration regime in place.
In this article, Jeremy Russell looks at how the Kingdom of Saudi Arabia’s Ministry of Justice has tried to ease these concerns and build confidence in KSA’s commercial dispute framework.

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Zita Mansi and Amelia Hamilton

The Environment Agency reports that, after the conclusion of a Proceeds of Crime hearing in February 2019, a man already serving over 7 years in prison for WEEE evidence fraud has been ordered to pay back £1,373,060.

The Waste Electrical and Electronic Equipment (“WEEE”) Regulations 2013 impose requirements regarding the recovery, reuse, recycling and treatment of WEEE and this case is illustrative of the Environment agency’s approach to waste crime as “the new narcotics” and demonstrates their commitment and determination to pursue offenders and recover any financial gain.

Senior Associate Zita Mansi and Trainee Solicitor Amelia Hamilton discuss this case in more detail here.

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