Legal

Avoiding performance security pitfalls with the FIDIC Silver Book

L-R-Ciara-Ros-Louise-Woods-Lauren-Emma-Parrott-300x200.jpg

(Pictured left to right) Ciara Ros, senior associate, Louise Woods, partner, and Lauren-Emma Parrott, associate, from law firm Vinson & Elkins The FIDIC Silver Book (2017, as amended) is a set of general conditions drafted by the International Federation of Consulting Engineers (commonly known as FIDIC), which is most appropriately…

Tribunal considers extent of leaseholder protections

Sarah-Dyer_Sean-Garbutt-300x200.jpg

Sarah Dyer is a partner and Sean Garbutt a principal associate at law firm Gowling WLG The Upper Tribunal (Lands Chamber) recently handed down judgment in Adriatic Land 5 Limited v The Long Leaseholders at Hippersley Point, considering the effect of paragraph 9 of schedule 8 of the Building Safety…

Remediation Contribution Orders: are they ‘just and equitable’?

Stephanie-Geesink-and-Dom-Turner-Harriss-300x200.jpg

Stephanie Geesink, counsel, and Dom Turner-Harriss, associate, of Watson Farley & Williams LLP Here, we consider the implications of Triathlon Homes LLP v Stratford Village Development Partnership, Get Living Plc and East Village Management Limited [2024] UKFTT 26 (PC). Prior to the 2012 London Olympics, Stratford Village Development Partnership developed…

Are RAAC remediation claims coming – and who foots the bill?

SIAN_BARRETT_Mark_Manning-300x200.jpg

Mark Manning is a partner and Sian Barrett is a senior associate at law firm Ashfords Following the RAAC scandal last year, many expected a mass influx of claims to hit the industry, potentially causing huge headaches for contractors. To much surprise, this hasn’t been the case. Why? And are…

Asbestos in buildings: an unresolved problem

Zoe_Cooper_Gregor_Woods_CMS-300x200.jpg

Zoe Cooper is of counsel and Gregor Woods is a partner at law firm CMS On 15 January, the Health and Safety Executive (HSE) launched its ‘Asbestos – Your Duty’ campaign, with the aim of improving understanding of what the legal duty to manage asbestos involves. Even though its use…

What are liquidated and ascertained damages?

Harry-King-300x200.jpeg

Harry King is a junior associate at law firm Quigg Golden Liquidated damages, also known as liquidated and ascertained damages (LADs), are a contractual agreement on damages that are designed to cover costs when a project runs past the agreed completion date. LADs are common in construction, as they provide…

Latent defect claims under PFI subcontracts

Amelia_Spechko_Christian_Charles-300x200.jpg

Amelia Spechko is an associate and Christian Charles is a partner at law firm Fladgate The Technology and Construction Court has handed down judgment in Lendlease Construction (Europe) Ltd v Aecom Ltd, providing guidance on a range of issues that have wide-reaching, practical implications for private finance initiative (PFI) projects…

AI in construction: without planning, worker unrest is inevitable

Stephen_Chegwin_Emma_Humphreys-300x200.jpg

Stephen Chegwin is a principal associate and Emma Humphreys is a partner at law firm Eversheds Artificial intelligence (AI) is the next industrial revolution, with seemingly no limit to its capabilities. For many contractors, AI that radically reforms the workplace may seem a long way off. In some cases, this…

Trespass injunctions: what contractors need to know

Antony_Phillips_London_Tender-New_High_Res-300x200.jpg

Antony Phillips is head of real estate at law firm Fieldfisher Preemptive injunctions are becoming an increasingly common way of protecting construction sites from acts of trespass by individuals or groups. While trespassing takes many forms, common trespassing problems affecting derelict or partially finished brownfield and urban sites include unauthorised…

Challenging adjudication enforcement in the Technology and Construction Court

Adam_Methewson_Karen_Morean-300x200.jpg

Adam Mathewson is a solicitor and Karen Morean is a partner at Devonshires Statutory adjudication has been a fixture of the construction industry for 25 years. Its success and acceptance within the industry is perhaps best demonstrated by how few adjudication decisions are challenged in the Technology and Construction Court…