In a rare case involving collateral warranties, in Parkwood Leisure Ltd v Laing O`Rourke Wales and West Ltd earlier this year the High Court considered whether a collateral warranty was a construction contract and, therefore subject to the right to adjudicate...
On-demand bonds are experiencing a revival in these recessionary times. They have the advantage of being able to be called upon immediately and are generally perceived as a "must-have" security document for most clients entering into construction contracts...
The last few years have been challenging for the construction sector to say the least. Since the Recession started the existing market has become more and more competitive. Construction output is at an all-time low, The Green Deal is floundering, promised infrastructure investment seems slow to materialise, which in turn stalls recovery in the sector as a whole....
There was talk of a new revolution at Clarkslegal and Kier Construction`s recent seminar, where a panel of top industry experts gave delegates a detailed insight into the impact that Building Information Modelling (BIM) is expected to have across the construction and housing sectors from here on....
A very significant recent case, Walter Lilly v Mackay [2012] EWHC 1773 (TCC) has provided the construction industry with some much needed guidance and clarity in relation to treatment of many of the common elements of construction disputes: extensions of time, concurrent delay and loss and expense....
Construction projects are technical in nature and are often hugely complex. The contract needs to reflect this complexity and will involve some negotiation even where a standard form contract is to be used....
The Government Construction Strategy requires that a Level 2 Building information modelling (BIM) (with all project and asset information, documentation and data being electronic) is in place and in use on construction and infrastructure projects by 2016 at the latest....
Jurisdictional challenges are the order of the day in adjudications. These jurisdictional questions can be a hard fought issues running parallel with the Adjudicator`s main purpose of deciding whether a contractor should be paid the sums claimed, in what is after all a fast track summary process that is aimed at addressing the contractor`s problems of cash flow when an employer refuses to pay them....
In the recent case of PC Harrington Contractors Limited v Tyroddy Construction Limited, the Technology and Construction Court (Mr Justice Akenhead) had to decide whether an Adjudicator`s decision was in breach of the rules of natural justice in failing to consider the defence to the claim for payment of retention or did the defence amount to a new dispute outside of the dispute referred....
The Local Democracy, Economic Development and Construction Act 2009 comes into force on 1 October 2011. This Act amends the existing Housing Grants, Construction and Regeneration Act 1996 known as the Construction Act. The Construction Act was intended to improve payment practices within the UK construction industry. The future changes follow the same agenda, widening the application of the Construction Act to unwritten contracts and offering enhanced protection from unfair payment procedures....
BSRIA, The Building Services Research and Information Association, chaired by our Deputy Managing Partner David Rintoul, have just announced details of their annual briefing, entitled this year "Building on Opportunity."...
Our Deputy Managing Partner, David Rintoul, will be chairing the latest event hosted by the Society for Construction Law, held in Reading on Tuesday 9th November....
The Building Services Research and Information Association (BSRIA) have just published their latest annual review, which includes a foreword from our Deputy Managing Partner, David Rintoul, who is this year`s BSRIA Chairman....
The severity of the government cuts likely to be announced this month will inevitably lead to a substantial reduction in capital spending projects in the public sector. Coupled with uncertainties in the residential and commercial property sectors means that many main contractors are facing tough times and many could go out of business altogether....
He who pays the piper does not call the tune in the Technology and Construction Court when it comes to the giving of expert evidence....
We are delighted to announce that we will be co-hosting a breakfast seminar with Hill International, providing an overview of the amendments to the Construction Act....
An Innovation and Growth Team, drawn from the construction industry and Government, has been charged by the Secretary of State for Business Innovation and Skills to consider how the UK construction industry can rise to the challenge of the low carbon agenda, to make recommendations to Government and industry....
FETA members attended a `managing a business in a recession` seminar recently, presented by Clarkslegal Partner David Rintoul. The seminar focused on two issues key to the current economic climate, namely protection of rights under a contract and how to enhance cash and recovery of monies due....