Clarkslegal has produced a guide on ‘What to expect for 2016’ which clearly sets out all the forthcoming legislative changes, which we hope you find useful in planning your year ahead. ...
Third party rights are increasingly being considered in place of collateral warranties. However, the use of third party rights by Employers may reduce following the decision in Hurley Palmer Flatt Limited v Barclays Bank plc [2014]. ...
A new level of importance has been placed on applications for payment in the construction industry. As a result, contractors must up their administrative game....
The six month transition period for the Construction (Design and Management) Regulations 2015 (“CDM 2015”) ended on 6 October 2015 and this signifies the dawn of a new focus on design as the key to health and safety operation on construction projects. ...
In Parkwood Leisure Limited v Laing O’Rourke Wales and West Limited [2013] the TCC held that the parties’ collateral warranty was a construction contract within the meaning of section 104 of the Housing Grants, Construction and Regeneration Act 1996 (as amended) (the “HGCRA”)...
With the Insurance Bill 2015 being granted royal assent earlier this year, the insurance industry has been scrambling to ensure it is well-prepared for the changes that will occur in UK insurance contract law, especially since it is to replace the 109-year-old Marine Insurance Act 1906. The Insurance Act will come into force in August 2016....
Clients regularly ask us to review and comment on proposed contract terms, which reviews often result in a schedule of comments and suggested amendments, to which the client will refer in contract negotiations....
In late 2014 two TCC decisions (Harding v Paice and ISG v Seevic) considered the effect of failures to serve payment and pay less notices in response to applications for payment....
Clarkslegal’s Construction team is pleased to confirm the recent recruitment of Victoria Kempthorne, a newly qualified solicitor, and Stanley Kamalu, a paralegal/trainee, to their ever-expanding team of construction, engineering and energy professionals....
Liquidated damages clauses are commonly used in construction contracts as a solution to deal with specified breaches. However, the courts have refused to enforce liquidated damages which are deemed to be a penalty....
I attended an event last month hosted by the Building Services Research and Information Association (BSRIA), in which industry leaders (and me!) gathered to discuss a couple of pertinent questions for the construction industry:...
In a recent case, the Technology and Construction Court (TCC) has provided some guidance on the legal doctrine known as “estoppel by convention”....
The recent Goldswain case gave the High Court the opportunity to summarise the relevant case law relating to the extent of a consultant’s duty to warn its client in relation to the potential failings of other parties or of the client itself....
As is quite often the case in relation to building developments, a consultant will provide preliminary services to the developer in expectation of being awarded a contract to provide consultancy services for the entire project. In such circumstances, it can be difficult to ascertain who is liable for the cost of the consultant’s initial services, if the anticipated contract does not materialise....
MW High Tech Projects UK Ltd v Haase Environmental Consulting GmbH [2015] EWHC 152 (TCC)...
Employers are increasingly asking for "BIM" to be included in the services provided by consultants and contractors, but very few of them know what they are asking for and very few consultants and contractors can actually provide it! The problem arises out of defining exactly what "BIM" is for the purposes of the project in question....
Parties to a construction contract, much like any other contract, may find themselves embroiled in a dispute at some point during the life of the contract. For disputes ‘arising under` a construction contract, adjudication is a compulsory procedure (it cannot be contracted out of), developed in order to provide a speedy (usually adjudicators must render their decision within 28 days of appointment) and cost efficient resolution to a dispute, on an interim basis. The reason that it is ‘interim` is that the decision of the adjudicator is binding on the parties temporarily, or at least unless, or until the underlying dispute is determined through litigation, arbitration or by agreement....
What happens in a residential construction contract where the value of defects might exceed the amount of Retention being withheld by the Employer? Is the Employer limited to the stated percentage of Retention, or, if not, how is the sum of what can be withheld established?...
John Wevill, a leading construction lawyer with over 15 years` experience in the field, has been appointed as Partner within Clarkslegal`s construction and energy team....
A number of construction contracts contain what are known as "conclusive evidence" clauses...