Legal

Stalled insurance market fuels contracts that share pain and gain

Andy Desmond, UK construction industry leader at Marsh

Andy Desmond is UK construction industry leader at insurance broker and risk adviser Marsh A new wave of advanced insurance-backed alliancing (IBA) contracts are challenging the supremacy of traditional design and build procurement contracts. The main advantage offered by these new advanced IBA contracts is that they are structured to…

Cladding claim scuppered by botched contract assignment

Theresa Mohammed and Laura Lintott of law firm Trowers & Hamlins

Theresa Mohammed (pictured left) is a partner and Laura Lintott is a senior associate at law firm Trowers & Hamlins The recent case of Aviva v Shepherd Construction saw a post-Grenfell cladding-related claim struck out on the basis that the right to bring proceedings had not been properly assigned to…

Today’s supply shortages will leave their mark on future contracts

WBD partner Jessica Tresham

Jessica Tresham is a construction partner at law firm Womble Bond Dickinson Material shortages are causing contractors and developers to become increasingly entrenched in their views, and more adversarial than ever. The shortage of some key materials – especially steel – is proving so damaging that it could even change…

Supreme Court: termination offers no escape from liquidated damages

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Andrew Keeley is a partner at law firm Charles Russell Speechlys The Supreme Court recently delivered its highly anticipated judgement in Triple Point Technology, Inc v PTT Public Company Ltd. While the case concerned software engineering rather than building work, an earlier judgement had given construction clients great cause for…

Building Safety Bill may leave contractors feeling exposed

Lawyers Catherine Gelder and David McCoy of CMS London

Catherine Gelder is a partner and David McCoy is a senior associate in the London office of law firm CMS This month, nearly a year after it was published in draft form, the government introduced its Building Safety Bill to parliament. The draft had set out the government’s plan to…

New rules demand an end to ‘over-lawyered’ witness statements

Laura Lintott and Megan Hulme

Laura Lintott (left) is a senior associate and Megan Hulme is a trainee solicitor at law firm Trowers & Hamlins  For some time, witness statements presented in the Business and Property court have come under heavy scrutiny for being, among other things, ‘over-lawyered’. In 2018, the Civil Procedure Rules Committee…

Contracts must reflect the current materials crunch

Rob Driscoll ECA

Rob Driscoll is director of business and legal at trade body ECA As we climb out of the pandemic’s economic impact into business recovery, we face one of the most hostile landscapes in living memory: a backlog of contractual disputes; the implementation of new tax rules; residual COVID restrictions; plus…

Adjudications: there’s a price to pay if you delay

Laura Lintott and Emma Thompson of law firm Trowers & Hamlins

Laura Lintott (left) is a senior associate and Emma Thompson is a solicitor at law firm Trowers & Hamlins Two recent decisions illustrate the legal consequences that can await firms tempted to employ delaying tactics when an adjudication has gone against them. The first ruling, Faithdean v Bedford House (No.…

Contracts could work harder to stamp out modern slavery

Mark Fletcher, partner at Russell-Cooke

Mark Fletcher is a partner at law firm Russell-Cooke The built environment contains many structures built with slavery and other forms of abhorrent conduct. This has become a topical issue, both for our inherited statues and buildings and the construction projects being undertaken today. The existence of the Modern Slavery…