Clarkslegal LLP - Solicitors in Reading and London

Construction - Legal Updates

Search Legal Updates

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....

Feb
09
2015

Be reasonable – what is the fundamental obligation of a professional consultant?
#Construction

MW High Tech Projects UK Ltd v Haase Environmental Consulting GmbH [2015] EWHC 152 (TCC)...

Oct
10
2014

BIM: is it ready yet?
#Construction

Employers are increasingly asking for "BIM" to be included in the services provided by consultants and contractors, but very few of them know what they are asking for and very few consultants and contractors can actually provide it! The problem arises out of defining exactly what "BIM" is for the purposes of the project in question....

Sep
05
2014

Adjudication Update
#Construction

Parties to a construction contract, much like any other contract, may find themselves embroiled in a dispute at some point during the life of the contract. For disputes ‘arising under` a construction contract, adjudication is a compulsory procedure (it cannot be contracted out of), developed in order to provide a speedy (usually adjudicators must render their decision within 28 days of appointment) and cost efficient resolution to a dispute, on an interim basis. The reason that it is ‘interim` is that the decision of the adjudicator is binding on the parties temporarily, or at least unless, or until the underlying dispute is determined through litigation, arbitration or by agreement....

Jul
03
2014

Appropriate since 1973
#Construction

What happens in a residential construction contract where the value of defects might exceed the amount of Retention being withheld by the Employer? Is the Employer limited to the stated percentage of Retention, or, if not, how is the sum of what can be withheld established?...

Jun
17
2014

New Partner joins Clarkslegal`s growing construction and energy team
#Construction

John Wevill, a leading construction lawyer with over 15 years` experience in the field, has been appointed as Partner within Clarkslegal`s construction and energy team....

May
23
2014

"Conclusive Evidence" Clauses and Construction Disputes
#Construction

A number of construction contracts contain what are known as "conclusive evidence" clauses...

Mar
13
2014

BIM is here to stay
#Construction

Building Information Modelling is its official label; but BIM is essentially about effective sharing and management of information for the collective benefit of all involved on a construction project....

Mar
10
2014

Knightsbridge sets the standard
#Construction

The recent High Court case of 199 Knightsbridge Development Ltd v WSP UK Ltd deals with the standard of care owed by professionals...

Feb
11
2014

Why Step-In to a Construction Contract?
#Construction

If you are funding a development, or your development is being funded by others, you will, most likely, have come across the phrase "step-in rights". What are step-in rights and why do development funders want them?...

Jan
10
2014

Project Insurance: If you`re going to do it, do it right!
#Construction

When undertaking a modern development, where all the parties (employer, contractor, sub-contractors) are committed to collaborate in good faith (or, at least, the contracts say they are), it seems sensible to protect that team ethos through the procurement of a project insurance policy...

Nov
12
2013

Termination Fallout - The Obligation to Provide Documents After Termination
#Construction

This matter came before the Technology and Construction Court to, amongst wider issues, interpret the obligations of a contractor to provide the employer with ancillary documentation in the form of sub-contractor collateral warranties, a parent company guarantee and a performance bond following the termination of an NEC3 contract for the development of retail space...

Oct
10
2013

Still Swamped!
#Construction

The Department for Environment, Food and Rural Affairs (Defra) has delayed its proposed revocation of the Site Waste Management Plans Regulations 2008 (SI 2008/314) in England....

Oct
09
2013

Green Deal: "flawed but fixable"
#Construction

This is the conclusion reached by the all-Party Commission of Inquiry into Sustainable Construction and the Green Deal....

Oct
02
2013

Collateral damage
#Construction

In a rare case involving collateral warranties, in Parkwood Leisure Ltd v Laing O`Rourke Wales and West Ltd earlier this year the High Court considered whether a collateral warranty was a construction contract and, therefore subject to the right to adjudicate...

Jun
28
2013

Command Performance
#Construction

On-demand bonds are experiencing a revival in these recessionary times. They have the advantage of being able to be called upon immediately and are generally perceived as a "must-have" security document for most clients entering into construction contracts...

May
20
2013

Construction sector case study from Vistage
#Construction

The last few years have been challenging for the construction sector to say the least. Since the Recession started the existing market has become more and more competitive. Construction output is at an all-time low, The Green Deal is floundering, promised infrastructure investment seems slow to materialise, which in turn stalls recovery in the sector as a whole....

Mar
07
2013

Clarkslegal and Kier Construction host BIM seminar with leading panel of experts
#Construction

There was talk of a new revolution at Clarkslegal and Kier Construction`s recent seminar, where a panel of top industry experts gave delegates a detailed insight into the impact that Building Information Modelling (BIM) is expected to have across the construction and housing sectors from here on....

Feb
04
2013

Guidance on contractor claims: extensions of time and loss and expense
#Construction

A very significant recent case, Walter Lilly v Mackay [2012] EWHC 1773 (TCC) has provided the construction industry with some much needed guidance and clarity in relation to treatment of many of the common elements of construction disputes: extensions of time, concurrent delay and loss and expense....

Page 4 of 5