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. ...
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....
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. ...
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....
Clarkslegal is delighted to announce that Chambers and Partners has recognised the firm for the following practice areas; Construction, Employment, Litigation and Real Estate....
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....
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....
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. ...
On 26 September 2018 and 4 October 2018, we hosted a seminar ‘JCT and NEC: Standard Forms Compared’ which covered the following topics:...
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. ...
This article highlights three recent court cases of importance to the wider construction industry....
The NEC launched its new NEC4 Alliance Contract (“ALC”) in June 2018, a contract which incentivises parties to collaborate more closely. ...
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....
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....
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....
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. ...
Hannah Mycock-Overell explains how good record-keeping practices will help if disputes later arise...
The proposal for a ‘golden thread’ should be extended to all buildings, argues Hannah Mycock-Overell....
In the UK construction industry, payment is usually made at intervals during a project, often by way of a monthly application by the party seeking payment....
For many people, “construction” conjures images of scaffolding, bricklaying, and piledriving. But there’s always been more to it than that, and new technologies are increasingly disrupting established practices and processes....