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”)...
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”....