In light of the current COVID-19 pandemic, a Construction Industry Taskforce was set up to work with BEIS and Government to protect the current and future of the construction industry. ...
As the World Health Organisation announced last week that Coronavirus can now be classified as a pandemic we are hearing from more and more clients worried about the impact of Covid-19 on their construction contracts....
Whilst it’s not unusual for adverse weather to affect the UK, it always seems to come as something of a surprise to us. However, what does ‘adverse weather’ actually mean in law? How do you determine any entitlement to money or time? And what should you do if your project suffers delay as a result of bad weather?...
Regular readers will know that we’ve written about collaboration before, but how can it be achieved? What options are out there for contractually encouraging and allowing collaboration? One option often cited, but not so often adopted is alliancing. ...
With the help of Clarkslegal, a new independent cinema is coming to Broad Street Mall in Reading this summer, in a deal between developer Really Local Group, and Moorgarth, the owners of Broad Street Mall. ...
The past year has flown by, with new projects underway and many developments in technology leading to changes in the way construction companies do business. However, main contractor insolvency has remained at the forefront of industry news. We take a look back at a few highlights in this article....
Clarkslegal’s Construction team was delighted to host a roundtable on Late Payment and Retentions in the Construction Industry in November 2019. This was chaired by Rob Driscoll, Director of Legal and Business at the ECA. We were also joined by clients and industry contacts including from BESA and the Confederation of Construction Specialists. ...
Clarkslegal is pleased to announce that Chambers and Partners has recognised the firm for the following practice areas; Construction, Employment, Litigation and Real Estate....
In Volumatic Ltd v Ideas for Life Ltd (2019) EWHC 227 the court considered the test for intention to create legal relations. It’s interesting because it is a rare example of a party successfully arguing that an agreement is not enforceable on this basis. ...
Clarkslegal is delighted to announce Legal 500 has recognised the law firm for the following practice areas; Corporate and Commercial, Commercial Litigation, Employment, Immigration, Education, Commercial Property, Construction and Commercial Contracts....
A recent Court of Appeal decision in Classic Maritime Inc v Limbungan Makmur SDN BHD [2019] EWCA Civ 1102 has considered whether a party could rely on an exceptions clause (similar to a force majeure provision) to excuse non-performance in circumstances where it was not able and willing to provide cargoes for shipping even if the force majeure event had not occurred. ...
Following Dame Judith Hackitt’s Final Report and the government’s Implementation Plan , this summer the government published a consultation on proposals for reform of the building safety regulatory system, which closed at the end of July 2019....
If you are setting up a construction business in the UK, then one of the most important areas to consider is how to ensure you will get paid for your works without delay. Here are our top tips for getting paid....
Technology is affecting the way claims are made and dealt with in many different ways. It is making it easier not only to find out relevant information but also to present it to those who need it, whether that be lawyers, experts, commercial decision makers, or adjudicators/judges....
Build UK recently published six recommendations to its members as to provisions which it says should not be included in construction contracts. In this article we look at what the recommendations are, why they have been made, and what impact (if any) they may have on negotiations....
A good chunk of the TCC’s business concerns the enforcement of arbitration awards. It is well known that there are very limited circumstances in which it will refuse to do so. One such ground is where the adjudication award was procured by fraud and we reported last year on the unsuccessful attempt in Gosvenor v Aygun....
In Swansea Stadium Management Company Ltd v City & County of Swansea and another [2019] EWHC 989 it was held that a notice or certificate of making good defects is conclusive that identified defects have been made good....
The Court of Appeal has provided useful guidance on the meaning of Practical Completion in Mears v Costplan (2019). We wrote about the first instance decision in this case in our previous article available here....
The construction sector is changing. The Hackitt Report and subsequent “Building A Safer Future” Implementation plan, digitisation, BIM and off-site manufacturing are all influencing methods and approaches to new building....
In construction projects it is not uncommon for an employer to terminate the contract before the works are completed. In Triple Point Technology Inc v PTT Public Co Ltd [2019] EWCA Civ 230, the Court of Appeal reviewed the law on liquidated damages provisions in relation to delay and considered whether liquidated damages are recoverable in the event of termination. ...