Articles & Updates
Cards on the table
Date: 02 May 2012
Publication:
Service: Construction & Engineering
As the saying goes, you don’t have to be posh to be privileged, but it may help if you are a practising qualified solicitor or barrister. It is often ...
Contract Ahoy, All Hands on Deck
Date: 16 April 2012
Publication:
Service: Construction & Engineering
Do you think before pressing the “Send” button? Email is often regarded by construction professionals as being a less formal means of communication not having the same status as posted ...
McCain rakes in the chips
Date: 11 April 2012
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Service:
Caps on liability are a common feature of negotiations in construction projects, particularly to enable contractors to price risks more easily and to therefore lower the cost for construction clients ...
Desert island discs for Mr Robinson
Date: 21 March 2012
Publication:
Service: Construction & Engineering
Mr Robinson complained that there were defects to the chimney flues in his house which had been built by the builder PE Jones. The trouble was though that by the ...
You’re the weakest link – goodbye!
Date: 02 March 2012
Publication:
Service: Construction & Engineering
Insolvency on construction projects can be fatal. Projects are based on linked contractual arrangements and as the saying goes you are only as strong as your weakest link. One party’...
“But I wasn’t even there then”…
Date: 23 February 2012
Publication:
Service: Construction & Engineering
Scott McKinnell looks at two cases on the potential liabilities that replacement contractors in service contracts might unwittingly be taking on, which could even include civil liability for accidents on ...
Napoleon, promises and indemnities
Date: 13 February 2012
Publication:
Service: Construction & Engineering
Parties to construction contracts always look at risk when negotiating them, including the risks of incorrect design, mistakes or damage and the consequences of those risks if things do not ...
Oral contracts: deal or no deal?
Date: 10 February 2012
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Sadly for Noel Edmonds, it was no deal. Noel didn’t record his contract with his developer friend in writing. The developments didn’t go well and the house party ...
Making Works Information work as information....
Date: 08 February 2012
Publication:
Service: Construction & Engineering
After more than twenty years since the first edition of the NEC contract was issued for consultation, the Publishers have issued a welcome set of guidance notes on how to ...
I've been expecting you, Mr Bond...
Date: 19 December 2011
Publication:
Service: Construction & Engineering
A certain secret agent regularly makes his appearance on the small and large screen. Bonds of the legal kind are also becoming more regular all year round, particularly with the ...
THREE STRIKES AND YOU'RE OUT....
Date: 07 December 2011
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Service:
Scott McKinnell looks at whether you might be entitled to extra time and money to complete your works as a result of strike action. The construction industry like other parts ...
The fallout from FiTs
Date: 16 November 2011
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With the Government’s decision on 31st October 2011 to cut the tariff to just 21p, the sun has definitely stopped shining on the Feed-in Tariffs Scheme. Many contracts and commitments ...
NEC3: the Marmite of standard form contracts - who is right?
Date: September 2010
Publication: Structure
Service: Construction & Engineering; Projects
The NEC3 suite of standard form contracts has polarised opinion in a way seldom seen with other standard forms. Like Marmite, you either love it or hate it! ...
Unloved, unchallenged - until now!
Date: June 2010
Publication: Structure
Service: Construction & Engineering; Projects
For 10 years the case of Bridgeway Construction Ltd v Tolent Construction Limited1 has stood as a monument to resourceful 'avoidance' of the Act2. For the uninitiated, in that case, Tolent ...
Delay claims: `Shepherding` in a new era?
Date: March 2010
Publication: Structure
Service: Construction & Engineering; Projects
It is a common story: the project is in delay. The contractor blames the employer. The employer blames the contractor. There seems to be multiple causes of the delay. Who ...
Procurement - a new landscape
Date: March 2010
Publication: Structure
Service: Construction & Engineering; Projects
Recent years have witnessed an unprecedented increase in the willingness of unsuccessful tenderers to challenge works and services contracts awarded by UK authorities. With effect from 20 December 2009, the long-awaited Public ...
HSE to stage ‘intensive inspections’ next week in the Greater Manchester region – don’t get caught out!
Date: March 2010
Publication: Legal Update
Service: Construction & Engineering; Regulatory & Corporate Crime
The Health and Safety Executive (HSE) has announced there will be two days of intensive inspections in Manchester, Salford, Trafford and Warrington on March 10 and 11th. Inspections will be unannounced ...
Challenging the adjudicator`s jurisdiction: a trap for the unwary
Date: February 2010
Publication: Structure
Service: Construction & Engineering; Projects
Jurisdiction is important. If the adjudicator lacks it, his decision should not be enforceable. Many jurisdictional challenges are raised in an attempt to avoid enforcement. Many such ...
Extension of time claims – there’s ‘snow’ easy answer
Date: January 2010
Publication: Structure
Service: Construction & Engineering; Projects
The heavy snowfall which affected most of the country earlier this month has disrupted work on many construction engineering projects. This disruption is leading to contractors claiming relief for the ...
8 days of vehicle spot checks – companies can face prosecution
Date: January 2010
Publication: Legal Update
Service: Construction & Engineering
8 days of vehicle spot checks – companies can face prosecution Businesses in the North West are being warned to ensure their fleets of vehicles are safe. The Health and Safety Executive ...
Notices of Withholding - Escape from Hell
Date: November 2009
Publication: Structure
Service: Construction & Engineering; Projects
It is one of the perverse effects of the Housing Grants, Construction & Regeneration Act 1996 (the Act) that Notices of Withholding are more prevalent than ever. The Act's objective of ...
Beware of Partial Possession!
Date: October 2009
Publication: Structure
Service: Construction & Engineering; Projects
Unless there are express terms to the contrary, contracts generally grant to the Contractor exclusive possession of the site and the works until Practical Completion occurs, at which point the ...
Crackdown on bogus self-employment in the construction industry
Date: September 2009
Publication: Structure
Service: Construction & Engineering; Projects
After decades of grumbling about false self-employment in the construction industry, the Government has decided that it is time to tackle the problem head on. On 21 July 2009, HM Revenue and ...
Is Net Contribution a fair clause in a contract?
Date: August 2009
Publication: Structure
Service: Construction & Engineering; Projects
In the current financial climate design and build contractors or consultants and their professional indemnity insurers will, more than ever, want to restrict their liability under the building contract or ...
Don’t like your current contractor? - A further look at termination
Date: July 2009
Publication: Structure
Service: Construction & Engineering; Projects
In our January edition of Structure we looked at the grounds and process for termination of contracts. Not surprisingly, in the on-going current economic climate, termination is still a hot ...
Tough Justice?
Date: June 2009
Publication: Structure
Service: Construction & Engineering; Projects
In the adjudication process the party suddenly faced with an adjudication without any prior notice often feels the victim of an ambush by the referring party. Sean McCay (Partner and ...
Public Procurement: A Level Minefield
Date: May 2009
Publication: Structure
Service: Construction & Engineering; Projects
There has been a significant increase in the number of public procurement cases that have made their way through the higher courts in recent years, reflecting the hard face of ...
The Draft Construction Bill – What’s Happening?
Date: April 2009
Publication: Structure
Service: Construction & Engineering; Projects
We last wrote on the progress of the Draft Construction Bill in July 2008. It has been a while since then and things have changed. What's happening? Recap In July 2008, ...