The Joint Contracts Tribunal (JCT) has published the second of its 2016 edition of contracts, the JCT Design and Build suite. The contracts available include:...
The TCC decision in Lulu Construction Ltd v Mulalley & Co Ltd (2016) opens the door for payees to attempt costs recovery in adjudications relating to the recovery of monies owed under the contract, but it does not confirm that they will be successful…...
There are two fundamental principles in company law. First, every company has its own legal personality, meaning that it has its own legal identity, which is not the same as the identities of its shareholders and directors. Secondly, in the case of limited companies, which make up the vast majority of companies in England, the liability of shareholders is limited: shareholders are liable to pay for their shares, but they are not liable for the company's debts....
It is clear that we are still trying to assess the outcome of the Brexit vote and in the past month or so there have been some significant, if not rapid, changes within the UK. How has the construction industry been hit so far?...
BES 6001 enables product manufacturers to ensure – and prove – that their products have been made with constituent materials that have been responsibly sourced. ...
We now have the results of the EU Referendum confirmed: the UK has voted to leave the EU, by 52% to 48%. In the immediate, sterling has tumbled and the stock markets have plummeted. The question now is what impact this will have on the construction industry....
The Joint Contracts Tribunal (JCT) has published the first of its 2016 edition of contracts, the JCT Minor Works suite which will be issued on 24 June 2016....
There are hundreds and thousands of apps available to smartphone and tablet users, many of which are free. The majority of us own or have access to such devices and will use a range of apps on a daily basis, for example news, music, health and fitness and travel apps to name just a few....
Following the decision in Cavendish Square Holding BV v El Makdessi and ParkingEye Ltd v Beavis [2015] when drafting liquidated damages provisions, parties should identify and document the applicable legitimate business interest that necessitates liquidated damages. Parties should then consider whether the remedy for breach is ‘extravagant, exorbitant or unconscionable’. ...
Clauses which deal with BREEAM requirements are commonly used in professional appointments and building contracts. This article summarises what BREEAM is and what parties to a professional appointment or building contract should consider when using BREEAM. ...
Following the leading Judgment of Mrs Justice Carr in the Technology and Construction Court issued on 14 April in the case of Stellite Construction Limited v Vascroft Contractors Limited, Clarkslegal’s specialist construction law team acted for Vascroft Contractors Limited...
With the coming into force of the Insurance Act 2015 just around the corner – August 2016 – it was perhaps an appropriate time for the first case to consider the meaning of the phrase “deliberate... non-disclosure” in an insurance policy....
There was little of direct interest in the 2016 Budget for construction practitioners, but the following themes were developed by the Chancellor and will have implications for those involved in the construction industry:...
JCT will shortly be publishing its new 2016 edition suite of contracts. ...
Cash flow is the life blood of every construction company. Failure to manage cash flow could lead to the demise of the company, which makes getting paid quickly by clients crucial. ...
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”)...