Clarkslegal LLP - Solicitors in Reading and London

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Apr
05
2018

Termination: the pitfalls
#Construction

There are many risks in terminating a contract, particularly in construction contracts - get it wrong and you risk being in breach of contract yourself. The two main pitfalls are:...

Apr
05
2018

Building BIM into the contract
#Construction

We are seeing an increased adoption of BIM (Building Information Modelling) in the projects we are advising on across the private sector. Of course, BIM Level 2 became mandatory for use on all UK public sector works in April 2016. The implementation of BIM means that the contract documents for the contractor and through the supply chain and professional consultants will need to consider the specific implications of BIM....

Apr
04
2018

Construction Risk Video - Part 2
#Construction

This video looks at the risks surrounding insolvency in the construction supply chain. ...

Mar
07
2018

Construction Risk Video - Part 1
#Construction

Construction and engineering Partner, Ruth Wilkinson discusses the key risks on a construction project and how to manage those risks. How can different parties manage their risks in the event of worst-case scenarios? What are the most common risks that have to be dealt with?...

Mar
07
2018

It’s the End of the World as We Know It: The Finale of the “Smash & Grab” adjudication Saga?
#Construction

Judge Coulson’s decision in the Technology and Construction Court published last week, his last before moving to the Court of Appeal, concerns the infamous “smash and grab” adjudications. ...

Mar
06
2018

Disputes and Record Keeping – a discussion with Hannah Mycock-Overell
#Construction

What are the most common types of dispute you come across?...

Feb
07
2018

Managing Risk in Construction Projects Seminar – Key Points
#Construction

On 31 January 2018 and 7 February 2018 we hosted a Managing Risk Seminar covering the following topics....

Feb
07
2018

Retention in construction contracts under review
#Construction

The government consultation to review the 2011 changes to the Construction Act 1996 and the practice of cash retentions in construction contracts closed on 19 January 2018. In light of well publicised Main Contractor insolvency, the review of retentions has been thrust into the spotlight....

Jan
17
2018

Your client is insolvent – six practical steps
#Construction

As contractor, subcontractor or consultant, the nightmare scenario of your client/main contractor entering insolvency might be unavoidable. This might happen despite thorough pre-contract checks and risk protection measures. It’s important to remember that the type of insolvency will influence the likely outcome: Whilst the purpose of administration is to rescue the business or achieve a better realisation of assets, the purpose of liquidation is to realise assets for creditors. This article identifies six things to consider....

Jan
03
2018

FIDIC launches new Red, Yellow and Silver Books
#Construction

In December 2017, FIDIC launched new editions of the following contracts to replace the 1999 editions:...

Jan
03
2018

The name is Bond… On-demand Bond
#Construction

A brief insight into the most used form of security in the construction industry, bonds and guarantees, after the recent judgment of Autoridad del Canal de Panamá v Sacyr, S.A. & Ors put these forms of security instruments back in the limelight....

Dec
06
2017

A Year in Review: Construction 2017 Roundup
#Construction

With 2018 fast approaching, we look back at five key things we think have shaped the past 12 months for both the industry and construction law. ...

Dec
06
2017

Architect negligent because of client’s budget in Riva Properties v Foster + Partners
#Construction

A decision in October 2017 looked at whether the standard RIBA scope of services meant that an architect was required to ascertain and comply with a client’s budget when designing a project: Riva Properties Limited v Foster + Partners Limited [2017] EWHC 2574....

Nov
07
2017

Collateral Warranties: What to look for?
#Construction

Collateral warranties are a key feature of the construction industry, and they enable beneficiaries such as funders, tenants or purchasers of a development to have a contractual link with the project team. Whilst it is possible to utilise the third party rights act, this route is limited, as seen in the case of Hurley Palmer Flatt Limited v Barclays Bank plc [2014] and you can read our analysis here....

Nov
07
2017

An uncertain future for “Smash & Grab”
#Construction

recent decision in the Technology and Construction Court has prompted the industry to once again reflect on the well-documented cases of ISG v Seevic and Harding v Paice, from which the phrase “Smash & Grab” was born. ...

Oct
03
2017

Off-Site Goods and Materials: Legal Issues
#Construction

There is no doubt that off-site manufacture is being embraced by the industry. The key legal issues to address in a contract where off-site manufacture is contemplated are legal ownership of the goods manufactured off-site prior to delivery and risk of damage when those goods are in storage or transit. Whilst paying for the off-site goods or materials may be necessary, it may put the purchaser/employer at risk if the supplier/contractor becomes insolvent and the goods are not then delivered. Also, who will be responsible for damage caused to the goods or materials whilst they are in storage or during transit. Another issue is quality control and monitoring progress during the manufacturing process which should be addressed in the supply contract. These risks need to be addressed when drafting the contract....

Oct
03
2017

A victory for common sense - actual cost relevant to compensation event assessment
#Construction

A defining principle of the NEC3 is that the parties should deal with issues as they arise and not save these up to the end. Hence the provision in the standard form contract allowing for forecast assessments of compensation events. However, this principle can get forgotten when the parties fail to comply with the contractual machinery and timeframes or the compensation events are disputed. A case from earlier this year in the Northern Ireland courts has looked at the question of whether actual costs are relevant to the assessment of compensation events: Northern Ireland Housing Executive v Healthy Buildings (Ireland) Limited (2017)....

Sep
19
2017

Modern slavery in construction supply chains: does your business comply with the Modern Slavery Act 2015?
#Construction #Outsourcing & Supply Chain #Supply Chain Governance

‘Modern Slavery’ is a term which encapsulates slavery, servitude, forced or compulsory labour, and human trafficking. Recent estimates suggest that as much as 45 million people could be living in modern slavery, a problem that the Modern Slavery Act 2015 (the “Act”) was introduced to help tackle....

Sep
05
2017

Top Tips for avoiding payment disputes
#Construction

Payment disputes continue to be one of the most common problems in the construction industry, and we have published numerous articles on the key court decisions that affect the interpretation of payment provisions...

Sep
05
2017

Payment in Construction Contracts – What’s new?
#Construction

Payment provisions are an industry “hot topic” and the wave of litigation since the 2009 amendments to the Construction Act remains relevant. If you would like a reminder of the principles to follow when applying for or making payment, then see our previous articles here and here....

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