Legal

Can LADs be recovered after termination of a construction contract?

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The Court of Appeal has in the recent case of Triple Point Technology Inc v PTT Public Co Ltd (Triple Point) handed down judgment to clarify the law on whether an employer can recover liquidated ascertained damages (LADs) after termination of a contract. The good news, if you are a…

Notre Dame fire raises issue of liability on UK heritage refurbs

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On 15 April, a huge fire lasting for about 15 hours broke out in the medieval Notre Dame Cathedral, causing extensive damage that provoked a big, emotive international response. While the exact cause of the fire has yet to be conclusively determined, it has been linked to the extensive renovation…

Challenging a procurement decision: Your legal options

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Flaws in the construction procurement process may trigger unfair practices, so contractors must be aware of their legal options. Bechtel’s legal claim against HS2 over the award of a contract to build Old Oak Common station is one of a long line of issues that question the integrity of the…

A ‘trifling’ matter: Avoiding disputes over ‘practical completion’

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In my article in February 2019, I discussed the case of Mears Limited v Costplan Services (South East) Limited (1) Plymouth (Notte Street) Limited (2) and JR Pickstock Limited (3): [2018] EWHC 3363 (TCC). Mears sought four declarations, all with the aim of essentially negating the practical completion certificate. The…

VAT reverse charges: How to comply with the new rules

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Significant changes to VAT accounting are on the way for construction firms, but are they ready to comply?  Currently, suppliers of construction services are responsible for paying VAT to HMRC, but from 1 October 2019, a VAT reverse charge will apply in the UK, meaning it will be up to the…

H&S guidelines have raised the risk of custodial sentences

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The Sentencing Council has recently assessed the impact and implementation of its Health and Safety Offences, Corporate Manslaughter and Food Safety and Hygiene Offences Definitive Guideline, which came into force on 1 February 2016.

VAT fraud: Get on the front foot ahead of the new rules

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Considerable changes to the VAT treatment of supplies in the construction industry will be introduced with effect from 1 October 2019, which will have significant cost implications for businesses.

New law set to get tough on firms that put pensions at risk

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The news that Brexit could be delayed until Halloween has alleviated one headache for those sitting in construction boardrooms across the country. But another looms in shape of a new Pensions Bill. Defined-benefit (ie, salary-related) pension schemes have attracted a huge amount of overdue attention in the construction sector following…

Is Brexit a cause of contract ‘frustration’?

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In February this year, the High Court issued a declaration that the United Kingdom’s withdrawal from the European Union would not frustrate the European Medicines Agency’s (EMA) lease of its headquarters in Canary Wharf. The EMA had written to its landlord (which we’ll refer to as “CW”) notifying it that…