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. ...
A group of lawyers, property professionals and environmental consultants called for indoor air quality measures to be made legally enforceable during a roundtable discussion chaired by the Building Engineering Services Association (BESA)....
In M Davenport v Greer, one of the first cases to follow the court of Appeal’s decision in S&T v Grove (which we discussed here), the TCC held that an employer could not use a “true value” adjudication decision as a defence or set off to enforcement proceedings for an earlier decision in favour of the contractor....
From 10 January 2019 it become possible for architects to apply under a Tier 1 (Exceptional Talent) visa. Previously architects could only follow the Tier 2 route, where they would have to be sponsored by a licenced Sponsor, who would have to meet the Residence Labour Market Test (RLMT) before making an offer of employment to the migrant and prior to the migrant coming to the UK....
Construction analysis: In December 2018, the government published its implementation plan for fundamental reform of the building and fire safety regulatory system. ...
In January 2019, a new international standard for Building Information Modelling (BIM), BS EN ISO 19650 1&2:2018 “Organization of information about construction works – Information management using building information modelling”, was published....
Adjudication is a relatively quick and cheap way of determining a construction claim. It is temporarily binding, meaning that with limited exceptions, it will be enforced by the courts unless and until it is overturned in subsequent litigation....
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...