Dame Judith Hackitt recently published her report, Building a Safer Future. The report was commissioned by the Government as an independent review of Building Regulations and fire safety, in the wake of the Grenfell Tower fire last year. ...
In the final of our interview videos from the seminar earlier in the year, Partner and head of the construction team, David Rintoul discusses with Dr Michelle Agha-Hossein of BSRIA the benefits and advantages of working with the ‘soft landings’ framework, along with some of the contractual and commercial risks to consider....
Hannah Mycock-Overell, senior solicitor at Clarkslegal, analyses the legal landscape in light of the recent update to the BIM Protocol and the Winfield-Rock report....
Recently I was asked for my views on the potentials and challenges of BIM in light of the Winfield Rock Report and the new CIC BIM Protocol. This blog summarises some of the key themes....
It is hoped by many that the well-publicised Main Contractor insolvency earlier this year may prove to be a huge catalyst for change in the construction industry. One of the key focus areas is the future of retentions. A private members bill, the Construction (Retention Deposits Scheme) Bill, also known as the “Aldous bill” after Peter Aldous MP, has been picking up traction since its first reading in January 2018. At last count, over 120 MP’s had given the bill their backing. In late April, industry bodies including BESA, representing 355,000 business across the construction industry handed in a petition to 10 Downing St. The petition called for payment and retention reform. Whilst the second reading due on 27 April 2018 was postponed to 15 June 2018, the wording of the bill has now been published. ...
In this video, Hannah Mycock-Overell, Senior Solicitor examines issues surrounding record keeping in construction projects. What records should be kept, and how best to prepare records should a delay or other issue arise to minimise later costs if a dispute occurs. ...
There are many risks in terminating a contract, particularly in construction contracts - get it wrong and you risk being in breach of contract yourself. The two main pitfalls are:...
We are seeing an increased adoption of BIM (Building Information Modelling) in the projects we are advising on across the private sector. Of course, BIM Level 2 became mandatory for use on all UK public sector works in April 2016. The implementation of BIM means that the contract documents for the contractor and through the supply chain and professional consultants will need to consider the specific implications of BIM....
This video looks at the risks surrounding insolvency in the construction supply chain. ...
Construction and engineering Partner, Ruth Wilkinson discusses the key risks on a construction project and how to manage those risks. How can different parties manage their risks in the event of worst-case scenarios? What are the most common risks that have to be dealt with?...
Judge Coulson’s decision in the Technology and Construction Court published last week, his last before moving to the Court of Appeal, concerns the infamous “smash and grab” adjudications. ...
What are the most common types of dispute you come across?...
On 31 January 2018 and 7 February 2018 we hosted a Managing Risk Seminar covering the following topics....
The government consultation to review the 2011 changes to the Construction Act 1996 and the practice of cash retentions in construction contracts closed on 19 January 2018. In light of well publicised Main Contractor insolvency, the review of retentions has been thrust into the spotlight....
As contractor, subcontractor or consultant, the nightmare scenario of your client/main contractor entering insolvency might be unavoidable. This might happen despite thorough pre-contract checks and risk protection measures. It’s important to remember that the type of insolvency will influence the likely outcome: Whilst the purpose of administration is to rescue the business or achieve a better realisation of assets, the purpose of liquidation is to realise assets for creditors. This article identifies six things to consider....
In December 2017, FIDIC launched new editions of the following contracts to replace the 1999 editions:...
A brief insight into the most used form of security in the construction industry, bonds and guarantees, after the recent judgment of Autoridad del Canal de Panamá v Sacyr, S.A. & Ors put these forms of security instruments back in the limelight....
With 2018 fast approaching, we look back at five key things we think have shaped the past 12 months for both the industry and construction law. ...
A decision in October 2017 looked at whether the standard RIBA scope of services meant that an architect was required to ascertain and comply with a client’s budget when designing a project: Riva Properties Limited v Foster + Partners Limited [2017] EWHC 2574....
Collateral warranties are a key feature of the construction industry, and they enable beneficiaries such as funders, tenants or purchasers of a development to have a contractual link with the project team. Whilst it is possible to utilise the third party rights act, this route is limited, as seen in the case of Hurley Palmer Flatt Limited v Barclays Bank plc [2014] and you can read our analysis here....