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Nov
07
2017

An uncertain future for “Smash & Grab”
#Construction

recent decision in the Technology and Construction Court has prompted the industry to once again reflect on the well-documented cases of ISG v Seevic and Harding v Paice, from which the phrase “Smash & Grab” was born. ...

Oct
03
2017

Off-Site Goods and Materials: Legal Issues
#Construction #Business Recovery & Insolvency

There is no doubt that off-site manufacture is being embraced by the industry. The key legal issues to address in a contract where off-site manufacture is contemplated are legal ownership of the goods manufactured off-site prior to delivery and risk of damage when those goods are in storage or transit. Whilst paying for the off-site goods or materials may be necessary, it may put the purchaser/employer at risk if the supplier/contractor becomes insolvent and the goods are not then delivered. Also, who will be responsible for damage caused to the goods or materials whilst they are in storage or during transit. Another issue is quality control and monitoring progress during the manufacturing process which should be addressed in the supply contract. These risks need to be addressed when drafting the contract....

Oct
03
2017

A victory for common sense - actual cost relevant to compensation event assessment
#Construction

A defining principle of the NEC3 is that the parties should deal with issues as they arise and not save these up to the end. Hence the provision in the standard form contract allowing for forecast assessments of compensation events. However, this principle can get forgotten when the parties fail to comply with the contractual machinery and timeframes or the compensation events are disputed. A case from earlier this year in the Northern Ireland courts has looked at the question of whether actual costs are relevant to the assessment of compensation events: Northern Ireland Housing Executive v Healthy Buildings (Ireland) Limited (2017)....

Sep
19
2017

Modern slavery in construction supply chains: does your business comply with the Modern Slavery Act 2015?
#Construction #Outsourcing & Supply Chain #Supply Chain Governance

‘Modern Slavery’ is a term which encapsulates slavery, servitude, forced or compulsory labour, and human trafficking. Recent estimates suggest that as much as 45 million people could be living in modern slavery, a problem that the Modern Slavery Act 2015 (the “Act”) was introduced to help tackle....

Sep
05
2017

How to avoid construction payment disputes
#Construction

Payment disputes continue to be one of the most common problems in the construction industry, and we have published numerous articles on the key court decisions that affect the interpretation of payment provisions...

Sep
05
2017

Payment in Construction Contracts – What’s new?
#Construction

Payment provisions are an industry “hot topic” and the wave of litigation since the 2009 amendments to the Construction Act remains relevant. If you would like a reminder of the principles to follow when applying for or making payment, then see our previous articles here and here....

Aug
10
2017

BSRIA Soft Landings Conference 2017: delivering value through Soft Landings - findings
#Construction

Soft Landings is a process that helps to produce a building that delivers the operational goals that were set for it at the inception of the design and delivery project. To paraphrase, it helps make the building “do what it says on the tin”. ...

Aug
07
2017

Are your contractual design obligations fit for purpose? – important new law
#Construction

The Supreme Court ruling in Mt Højgaard v E.On last week held that a “fitness for purpose” obligation in a schedule to a construction contract should be given its natural meaning and effect, so confirming an earlier decision of the Technology and Construction Court (TCC) that there was a fitness for purpose obligation which required the contractor to produce foundations which would last for 20 years. ...

Jul
11
2017

Exclusion clauses gain some weight at the Court of Appeal - Persimmon Homes Ltd & Others v Ove Arup & Partners Ltd [2017]
#Construction

The Court of Appeal has recently ruled that a clause designed to exclude liability was indeed effective in excluding liability. Unsurprising on the surface, but big news when considered against the narrow interpretation rules of contra proferentem and Canada Steamship that historically limit the effectiveness of these clauses. The decision indicates a move away from such restrictive principles and towards a more natural interpretation of clause wording....

Jun
22
2017

CITB report confirms UK construction firms rely on migrant labour
#Immigration #Construction

Research commissioned by the Construction Industry Training Board (CITB) has today revealed that a third of construction firms employ overseas workers...

Jun
09
2017

Letter of Intent - The Need to Know
#Construction

This article considers some of the merits and potential pitfalls of proceeding with construction works under a Letter of Intent....

May
15
2017

JCT 2016 Edition Release Now Complete
#Construction

JCT has now released all of the 2016 edition of its standard form suite of construction contracts....

May
03
2017

Limiting Your Liability – Drafting Liability Caps
#Construction

Limitation of liability clauses are one way in which businesses can manage risk and control their maximum potential financial exposure. As a result, limitation of liability...

Apr
26
2017

NEC4: enhancing NEC3
#Construction

After 12 years of NEC3 and its approach to proactive project and risk management, NEC releases NEC4 on 22 June 2017. NEC has described this as an evolution but not a revolution...

Apr
10
2017

Potential liabilities in construction industry
#Employment #Construction #Employment #UK Immigration

Clarkslegal takes a look at modern slavery in the construction industry and outlines some actions employers should take to protect their workforce and their reputation...

Mar
03
2017

Construction employers urged to check CSCS cards for signs of forgery
#Construction #Construction #Employment #UK Immigration #Outsourcing & Supply Chain

Lawyers providing specialist legal advice to the construction industry - Right To work Checks and CSCS cards...

Feb
07
2017

Room for one more? The new ACE Professional Services Agreement 2017
#Construction

The recent wave of updated industry standard contracts may seem hard to keep up with at times, but we continue to post regular updates ...

Jan
26
2017

Construction in 2017 (Part 2): Looking Ahead
#Construction

January is almost behind us and has certainly provided its fair share of interesting developments. Having recently published an article on what key themes we expect to see in 2017, we now highlight some of the significant developments to keep an eye out for over the remaining 11 months....

Jan
10
2017

JCT launch of the Intermediate Building Contract 2016 edition
#Construction

The Joint Contracts Tribunal (JCT) has published the fourth of its 2016 edition of contracts, the JCT Intermediate Building Contract suite. ...

Jan
10
2017

JCT launch 2016 collateral warranty documents
#Construction

In addition to the release of the new 2016 suite of contracts, the Joint Contracts Tribunal (JCT) has published 2016 collateral warranty documents. ...

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