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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”)...

Sep
29
2015

Brokers’ duties in the context of the Insurance Act 2015, Jones v Environcom and Eurokey v Giles
#Construction

With the Insurance Bill 2015 being granted royal assent earlier this year, the insurance industry has been scrambling to ensure it is well-prepared for the changes that will occur in UK insurance contract law, especially since it is to replace the 109-year-old Marine Insurance Act 1906. The Insurance Act will come into force in August 2016....

Sep
08
2015

Get Maximum Value from your Contract Negotiations (and legal expenses)
#Construction

Clients regularly ask us to review and comment on proposed contract terms, which reviews often result in a schedule of comments and suggested amendments, to which the client will refer in contract negotiations....

Jul
30
2015

The importance of pay less notices
#Construction

In late 2014 two TCC decisions (Harding v Paice and ISG v Seevic) considered the effect of failures to serve payment and pay less notices in response to applications for payment....

Jul
23
2015

Continued expansion of Clarkslegal’s Construction and Procurement Group
#Construction

Clarkslegal’s Construction team is pleased to confirm the recent recruitment of Victoria Kempthorne, a newly qualified solicitor, and Stanley Kamalu, a paralegal/trainee, to their ever-expanding team of construction, engineering and energy professionals....

Jul
20
2015

When does an agreed liquidated damages clause go too far and become a penalty?
#Construction

Liquidated damages clauses are commonly used in construction contracts as a solution to deal with specified breaches. However, the courts have refused to enforce liquidated damages which are deemed to be a penalty....

Jul
06
2015

BSRIA Diamond Group Forum
#Construction

I attended an event last month hosted by the Building Services Research and Information Association (BSRIA), in which industry leaders (and me!) gathered to discuss a couple of pertinent questions for the construction industry:...

Jun
11
2015

Estoppel – used to defend an Employer’s deduction?
#Construction

In a recent case, the Technology and Construction Court (TCC) has provided some guidance on the legal doctrine known as “estoppel by convention”....

May
11
2015

Careful now – what is the extent of a professional consultant’s duty to warn?
#Construction

The recent Goldswain case gave the High Court the opportunity to summarise the relevant case law relating to the extent of a consultant’s duty to warn its client in relation to the potential failings of other parties or of the client itself....

Mar
11
2015

Payment for Consultancy Services Rendered in Expectation of Appointment
#Construction

As is quite often the case in relation to building developments, a consultant will provide preliminary services to the developer in expectation of being awarded a contract to provide consultancy services for the entire project. In such circumstances, it can be difficult to ascertain who is liable for the cost of the consultant’s initial services, if the anticipated contract does not materialise....

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