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Oct
12
2016

JCT launch of the Design and Build 2016 edition
#Construction

The Joint Contracts Tribunal (JCT) has published the second of its 2016 edition of contracts, the JCT Design and Build suite. The contracts available include:...

Oct
07
2016

(Some) Hope for parties wishing to recover their legal costs of adjudication
#Construction

The TCC decision in Lulu Construction Ltd v Mulalley & Co Ltd (2016) opens the door for payees to attempt costs recovery in adjudications relating to the recovery of monies owed under the contract, but it does not confirm that they will be successful…...

Sep
13
2016

The personal guarantee dilemma: Should a director succumb to a personal guarantee?
#Directors' Duties #Construction

There are two fundamental principles in company law. First, every company has its own legal personality, meaning that it has its own legal identity, which is not the same as the identities of its shareholders and directors. Secondly, in the case of limited companies, which make up the vast majority of companies in England, the liability of shareholders is limited: shareholders are liable to pay for their shares, but they are not liable for the company's debts....

Aug
09
2016

Houston, have we got a problem? The post-Brexit construction market so far
#Construction

It is clear that we are still trying to assess the outcome of the Brexit vote and in the past month or so there have been some significant, if not rapid, changes within the UK. How has the construction industry been hit so far?...

Jul
14
2016

The Ethical Labour Standard and the Modern Slavery Act
#Outsourcing & Supply Chain #Construction

BES 6001 enables product manufacturers to ensure – and prove – that their products have been made with constituent materials that have been responsibly sourced. ...

Jun
24
2016

EU Referendum: Where does the “Brexit” leave the construction industry?
#Construction

We now have the results of the EU Referendum confirmed: the UK has voted to leave the EU, by 52% to 48%. In the immediate, sterling has tumbled and the stock markets have plummeted. The question now is what impact this will have on the construction industry....

Jun
23
2016

JCT launch of the Minor Works 2016 edition
#Construction

The Joint Contracts Tribunal (JCT) has published the first of its 2016 edition of contracts, the JCT Minor Works suite which will be issued on 24 June 2016....

Jun
14
2016

The increasing use of apps in the workplace
#Construction

There are hundreds and thousands of apps available to smartphone and tablet users, many of which are free. The majority of us own or have access to such devices and will use a range of apps on a daily basis, for example news, music, health and fitness and travel apps to name just a few....

May
09
2016

The reformulated penalty rule
#Construction

Following the decision in Cavendish Square Holding BV v El Makdessi and ParkingEye Ltd v Beavis [2015] when drafting liquidated damages provisions, parties should identify and document the applicable legitimate business interest that necessitates liquidated damages. Parties should then consider whether the remedy for breach is ‘extravagant, exorbitant or unconscionable’. ...

May
09
2016

Measuring the environmental performance of a building through BREEAM
#Construction

Clauses which deal with BREEAM requirements are commonly used in professional appointments and building contracts. This article summarises what BREEAM is and what parties to a professional appointment or building contract should consider when using BREEAM. ...

Apr
28
2016

Clarkslegal’s Construction Team obtains landmark Judgment in the Technology and Construction Court
#Construction

Following the leading Judgment of Mrs Justice Carr in the Technology and Construction Court issued on 14 April in the case of Stellite Construction Limited v Vascroft Contractors Limited, Clarkslegal’s specialist construction law team acted for Vascroft Contractors Limited...

Apr
06
2016

Does deliberate now mean fraudulent? Mutual Energy Ltd v Starr Underwriting Agents Ltd and the Insurance Act 2015
#Construction

With the coming into force of the Insurance Act 2015 just around the corner – August 2016 – it was perhaps an appropriate time for the first case to consider the meaning of the phrase “deliberate... non-disclosure” in an insurance policy....

Apr
06
2016

2016 Budget – Construction Implications
#Construction

There was little of direct interest in the 2016 Budget for construction practitioners, but the following themes were developed by the Chancellor and will have implications for those involved in the construction industry:...

Apr
05
2016

JCT 2016 Edition suite of contracts to be launched
#Construction

JCT will shortly be publishing its new 2016 edition suite of contracts. ...

Feb
05
2016

Is the winding up route a viable solution for non-payment in construction disputes? – Wilson and Sharp Investments Ltd v Harbour View Developments Ltd [2015]
#Construction

Cash flow is the life blood of every construction company. Failure to manage cash flow could lead to the demise of the company, which makes getting paid quickly by clients crucial. ...

Jan
12
2016

What to expect for 2016
#Clarkslegal #Construction #Corporate #Dispute Resolution #Employment #UK Immigration #Private Client #Real Estate #Commercial

Clarkslegal has produced a guide on ‘What to expect for 2016’ which clearly sets out all the forthcoming legislative changes, which we hope you find useful in planning your year ahead. ...

Jan
04
2016

The future of Third Party Rights
#Construction

Third party rights are increasingly being considered in place of collateral warranties. However, the use of third party rights by Employers may reduce following the decision in Hurley Palmer Flatt Limited v Barclays Bank plc [2014]. ...

Dec
07
2015

Applications for Payment – The New Rules
#Construction

A new level of importance has been placed on applications for payment in the construction industry. As a result, contractors must up their administrative game....

Nov
02
2015

The impact of the CDM 2015 and the principal designer role after the end of the transition period
#Construction

The six month transition period for the Construction (Design and Management) Regulations 2015 (“CDM 2015”) ended on 6 October 2015 and this signifies the dawn of a new focus on design as the key to health and safety operation on construction projects. ...

Oct
12
2015

When is a collateral warranty a ‘construction contract’?
#Construction

In Parkwood Leisure Limited v Laing O’Rourke Wales and West Limited [2013] the TCC held that the parties’ collateral warranty was a construction contract within the meaning of section 104 of the Housing Grants, Construction and Regeneration Act 1996 (as amended) (the “HGCRA”)...

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