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Jan
18
2019

Building connections: the Internet of Things and construction
#Information Technology #Construction

There is a lot of talk about the “Internet of Things”, or IoT. But what does that actually mean – and what does that mean for the construction industry...

Jan
11
2019

The meaning of ‘Practical Completion’
#Construction

The term ‘practical completion’ is not defined in many industry standard forms of building contract, such as the JCT, which can lead to uncertainty and disputes as to whether works are in fact practically complete. Very often therefore, project specific definitions are incorporated by amendments to the standard forms. There have been two very recent cases on the meaning of ‘practical completion’ and we now consider the key issues arising....

Jan
03
2019

Powers of Attorney and Corporate Transactions
#Corporate #Commercial #Construction

The recent Judgment of the High Court in Katara Hospitality (a company incorporated in Qatar) v (1) Gerard Guez and (2) Jacqueline Rose [2018] EWHC 3063 (“Katara Hospitality”) highlights the importance of ensuring the proper and valid execution of an instrument and also serves as a timely reminder of the importance of ensuring that the scope of an instrument is expressly set out if it is to be successfully relied upon....

Dec
06
2018

2018/2019 – 5 key themes in Construction Law
#Construction

2018 has been a rollercoaster year for construction. The collapse of Carillion casting light on unfair payment practices, abuse of retentions and the woeful profit margins. The Hackitt Report in May 2018 identifying the need for an industry-wide cultural shift away from cost focussed agendas and towards prioritising good quality service and products, facilitated by a full-life “golden thread” of digital information....

Dec
05
2018

Liquidated damages: commercially justified, not a penalty
#Construction #Dispute Resolution

Some significant issues in relation to the application of liquidated damages for delay have been considered in the recent case of GPP Big Field LLP & Anor v Solar EPC Solutions SL (2018). GPP Big Field LLP and GPP Langstone LLP (together and separately “GPP”), as employer, entered into five EPC contracts with Prosolia UK Limited (“Prosolia”), the contractor, for the construction of solar power generation plants in the UK. ...

Dec
03
2018

CITB: Construction’s Digital Future “Depends on the People Who Work in the Industry”
#Construction #Information Technology

In October 2018, the CITB (Construction Industry Training Board) produced a new research report detailing a skills plan for the construction industry (“Unlocking Construction’s Digital Future: A skills plan for industry”). The report investigates the role technology could play in the construction sector....

Nov
07
2018

Grove Developments v S&T – the Court of Appeal weighs in on ‘smash and grab’ adjudications
#Construction

One of the final acts of Coulson J before his elevation to the Court of Appeal was to sound the death knell for smash and grab adjudications. We report here on his first instance decision in Grove v S&T. ...

Nov
06
2018

Letters of Intent and Caps on Liability
#Construction

Sometimes commercial pressures will require works to start on site before a properly drafted contract can be negotiated and signed. A Letter of Intent might be used as a stop gap in such circumstances so there is at least something to govern the relationship between the parties. The recent Court of Appeal decision in Amec v Arcadis shows the problems that this can cause....

Nov
02
2018

Clarkslegal Recognised by Chambers and Partners 2019
#Clarkslegal #Employment #Dispute Resolution #Real Estate #Construction #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
30
2018

Clarkslegal Recognised by UK Legal 500 2018  
#Clarkslegal #Complex Contracts #Employment #UK Immigration #Construction #Real Estate #Education #Public Sector #Press

Clarkslegal is delighted to announce that Legal 500 has recognised the firm for the following practice areas; Construction, Commercial Contracts, Commercial Litigation, Commercial Property, Corporate & Commercial, Education, Employment, Immigration and Local Government....

Oct
05
2018

Assessing Costs – What does proportionality really mean?
#Construction #Dispute Resolution

In civil litigation the presumption is that the losing party pays the winner’s costs. However, unless agreed, such costs must be assessed by the Court. This process is of crucial importance because the winning party must pick up the shortfall itself, eating into the proceeds of claim....

Oct
04
2018

Can off-site manufacturing improve productivity in the construction industry?
#Construction

The Government recently published a report into off-site manufacturing for construction, exploring how construction industry productivity can be improved through the use of off-site manufacturing. The report is available here. ...

Oct
04
2018

Overview of our recent seminar on JCT and NEC forms
#Construction

On 26 September 2018 and 4 October 2018, we hosted a seminar ‘JCT and NEC: Standard Forms Compared’ which covered the following topics:...

Sep
05
2018

Drones – developing law
#Information Technology #Construction

A drone is an unmanned flying aircraft used to collect data. Drones are closely associated with innovation in digital technology and are already used by a wide range of industries and the public sector. As we identified in our article in June 2018, Drones have begun to change the way the construction industry operates. They are used to survey sites, both at the start of planning to produce baseline models and during construction to track progress. They can also be used to monitor security and health and safety. ...

Aug
31
2018

Case law update
#Construction

This article highlights three recent court cases of importance to the wider construction industry....

Aug
29
2018

An overview of the new NEC4 Alliance Contract
#Construction

The NEC launched its new NEC4 Alliance Contract (“ALC”) in June 2018, a contract which incentivises parties to collaborate more closely. ...

Aug
01
2018

The six-month review: Construction adjudication case law update 2018
#Construction

Now we are into the second half of 2018, it is time to look back in overview at the key court decisions that have changed the shape of the adjudication legal landscape....

Jul
31
2018

Contracting out of concurrent delay
#Construction #Dispute Resolution

Many construction disputes involve delay claims. The ‘prevention principle’ operates so that an employer cannot hold a contractor to an agreed completion date if the employer prevented contractor from achieving the date. In such circumstances time becomes at large and the contractor is instead obliged to complete within a reasonable time....

Jul
19
2018

The Construction Sector Deal – investment in “bytes and mortar”
#Construction #Information Technology

On 5 July 2018, the Government announced its Construction Sector Deal worth £420 million to transform the UK construction industry by improving productivity through greater investment in innovation and skills....

Jul
04
2018

Retention and Payment – Know Your Rights Seminar on 20 June 2018
#Construction

In case you missed our seminar on 20 June 2018 in Reading with BESA (The Building Engineering Services Association), here is our summary of what was said, and the key take-away points from the event. ...

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