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Jun
11
2021

Agree terms before starting construction work
#Construction

With time pressures on project delivery, getting the contract agreed before works start is a recurring issue in the construction industry. In the recent case of Balfour Beatty Regional Construction Limited v Van Elle Ltd [2021] EWHC 794, the Technology and Construction Court (TCC) held that works carried out by a sub-contractor before a sub-contract was executed were still subject to the terms of that sub-contract. ...

Apr
07
2021

Does a construction contract require a final account mechanism?
#Construction

The recent case of JSM Construction Limited v Western Power Distribution (West Midlands) plc [2020] considers whether construction contracts require a final account mechanism....

Feb
23
2021

VAT reverse charge for construction services
#Construction

Following the postponement of the VAT reverse charge commencement date in September 2019 and October 2020, HMRC guidance states that the VAT reverse charge on construction services will now come into force from 1 March 2021....

Feb
09
2021

COVID-19 and its impact on JCT contracts
#Construction

The COVID-19 pandemic has had a substantial impact on the construction industry in the UK. Labour shortages and shortages of plant and materials have adversely affected many projects, which in turn has resulted in additional costs and delays. ...

Dec
09
2020

NEC publishes new amendments to NEC4 suite
#Construction

The NEC has published a second set of amendments to its NEC4 suite of contracts, reflecting user feedback from the industry and recent legal development. The October 2020 amendments can be found on the NEC site. ...

Oct
27
2020

Brexit and Construction – what’s the latest?
#Construction #Brexit

The UK left the European Union on 31 January 2020. It’s been close to business as normal during the transition period but this ends on 31 December 2020. At the time of writing the nature of the UK’s future relationship with the rest of Europe remains uncertain. However, even if some limited trade deals can be agreed by the end of the year, there are steps that UK contractors should be taking now:...

Oct
23
2020

Success for Clarkslegal in Chambers UK 2021
#Clarkslegal #Construction #Employment #Dispute Resolution #Real Estate #Press

Clarkslegal is delighted to announce that Chambers and Partners has recognised the firm for the following practice areas; Construction, Employment, Litigation and Real Estate....

Oct
01
2020

Clarkslegal highly recommended by Legal 500 UK 2021
#Clarkslegal #Commercial #Construction #Corporate #Crisis Management #Dispute Resolution #Education #Employment #UK Immigration #Public Sector #Real Estate

Clarkslegal prides ourselves on our excellent client service, so it is wonderful to be recommended by Legal 500 UK for our efforts especially during this different time for us all. We are delighted to announce that we have been recognised for the following practice areas; Construction, Commercial Litigation, Commercial Property, Corporate & Commercial, Employment, Immigration and Public Sector....

Sep
30
2020

How do I prove my final account claim?
#Construction

Many construction disputes relate to the calculation of the final account. Sometimes there may be an interesting point of law or expert evidence at stake. More often than not, the dispute will boil down to proving what work was done and / or what was the agreed price for the work....

Sep
25
2020

Adjudication and Insolvent Companies – falling at the final hurdle - will the decision be enforced?
#Construction

Our article in July 2020 commented on the Supreme Court decision in Bresco Electrical Services Ltd (In Liquidation) v Michael J Lonsdale (Electrical) Ltd [2020] USC 25. This case opened the doors to more adjudications being started by liquidators of construction companies. ...

Sep
10
2020

Final dates for payment linked to invoices no longer permitted
#Construction

The TCC’s recent decision in Rochford Construction Ltd v Kilhan Construction Ltd found that final dates for payment must be a fixed period of time from the due date for payment under a construction contract. ...

Sep
09
2020

Publication of government’s draft Building Safety Bill
#Construction #Real Estate

At the end of July the government published its draft ‘Building Safety Bill’ (the “Bill”) which housing secretary Robert Jenrick has described as the “biggest improvements to building safety in nearly 40 years”. ...

Jul
10
2020

Adjudication, Liquidation and the Supreme Court
#Construction

A recent Supreme Court decision has unanimously upheld the right of companies in liquidation to commence adjudication proceedings: Bresco Electrical Services Ltd (In Liquidation) v Michael J Lonsdale (Electrical) Ltd [2020] USC 25. ...

Jun
03
2020

What will the “New Normal” for our offices look like?
#Commercial Real Estate #Construction

Real Estate Update – Feedback from our roundtable event on Thursday 21 May. Last month, Ruth Wilkinson, Shona Dunning and Simon Ralphs from our Construction and Real Estate teams hosted a virtual roundtable focusing on our return to the workplace post Covid-19. ...

Jun
01
2020

Coronavirus Recovery Plan for Construction: Restart, Reset and Reinvent
#Construction

On 1 June 2020, the CLC released the “Industry Recovery Plan” which is a series of proposals intended to help the construction sector recover from the impact of COVID-19. ...

May
29
2020

Building a Safer Future: Government response to consultation, update to Approved Document B, and Fire Safety Bill
#Construction

Last month the government published its response to the Building a Safer Future consultation on the proposals arising out of the recommendations in Dame Judith Hackitt’s report. The government has in the last 2 months implemented or begun the process of implementing a number of measures supporting this response....

May
11
2020

Government Guidance on contractual behaviour due to Covid-19
#Construction

The construction industry faces the unprecedented challenge of how to deal with Covid-19. It has a key role in the UK economy and in rebuilding that economy through this crisis and in the years that follow. ...

May
11
2020

World Day for Safety and Health At Work 2020 – not just another day in the office!
#Commercial Real Estate #Construction

Last Tuesday (28 April) was World Day for Safety and Health at Work. Traditionally, this is the day each year when the International Labour Organisation (ILO) promotes safe, healthy and decent work surroundings....

May
11
2020

Your client is insolvent – six practical steps
#Construction #Business Recovery & Insolvency

As contractor, subcontractor or consultant, the nightmare scenario of your client/main contractor entering insolvency might be unavoidable and in a post Covid-19 world the risk is likely to be even higher. This might happen despite thorough pre-contract checks and risk protection measures....

May
04
2020

Covid-19 clause – extensions of time and additional cost
#Construction

It is sensible for companies to be proactive and try to ensure that there is protection in their contracts against the effects of Covid-19. Below is a suggested example clause, for inclusion in tender packages....

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