Legal

Time and time again, the law trips people up over contractual dates

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Patrick Duggan is a senior associate at law firm RWK Goodman Time in legal proceedings is a complex concept. The calculation of how and when to do something may be different depending on whether you are in court, arbitration or adjudication. But help is at hand, with some clarity on…

What’s the impact of Michael Gove’s Oxford Street M&S decision on contracting?

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Chris Bowes (pictured above, left) and Matthew Taylor are partners at law firm CMS Cameron McKenna Nabarro Olswang  The decision of the secretary of state for levelling up, housing and communities to refuse planning permission for the demolition and rebuilding of Marks & Spencer’s western Oxford Street store was met…

PAS 9980: building-safety-risk revolution or legal damp squib?

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With the government promoting the use of PAS 9980 as a means of assessing risk to external wall systems (and thereby the extent of any remedial work or mitigation required), the difference between contractual rights and remedies and the impact of PAS 9980 is now coming into sharp focus. For…

How courts deal with disputes where there is a DRP between parties

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Nana Manu-Mabiza is a senior paralegal in the construction and engineering team at RWK Goodman A Court of Appeal case that sheds light on how the court will deal with disputes where there is a pre-determined contractual dispute resolution procedure (DRP) between the parties is Kajima Construction (UK) Ltd, Kajima…

We need to get honest about the insolvencies trend

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Fintan Wolohan in a managing associate at Womble Bond Dickinson (contributions from Michelle Essen, Simon Rowland and Jonathan Dunkley) Many organisations in the construction industry are facing financial distress, and it cannot be ignored any longer. As the sector buckles under the strain, it’s important to recognise that there’s no…

Would you rather be bitten by a tiger or a bear?

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Kwadwo Sarkodie is a partner and Tamsin Travers is counsel at Mayer Brown International LLP Confronted with spiralling costs and supply chain issues on a fixed price contract which is consequently becoming increasingly unprofitable, a contractor may face a painful choice: continue with the project at a loss or try…

Home Office breaks record with crackdown on illegal working

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Adam Kyte and James Lamont are associates specialising in immigration at Charles Russell Speechlys The Home Office has increased its enforcement activity with 159 enforcement visits in one day on 15 June 2023, deploying more than 300 immigration officers and resulting in the arrest of 105 foreign nationals working illegally.…

Company voluntary arrangements: a whistle-stop tour

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Karen Morean is a partner in the construction, engineering & procurement team at law firm Devonshires With an increasingly difficult economic environment, insolvencies throughout the construction industry are on the rise. Compulsory voluntary arrangements (CVAs) are often used as an interim procedure that a company adopts to avoid immediate terminal…

How can collaborative procurement benefit construction project delivery?

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Edd Burton (pictured above-left) is Aecom’s head of advisory services for infrastructure and Tom Douglas (above-right) is partner at Eversheds Sutherland To say the delivery of construction projects has become more complex in recent years is somewhat of an understatement. The conflict in Ukraine, Brexit and the Covid pandemic have…

Considering repudiation and liability in the termination of contracts

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Anita Crozier is an associate at law firm CMS A party terminating a contract for repudiation or otherwise for default by the other party will usually be entitled to compensation for loss of the contractual bargain.  “The Dalton case provides an example of when a termination-for-convenience clause (albeit not in…