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....
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...
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....
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....
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....
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. ...
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....
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....