Legal

Latent defects and appropriate remedial solutions

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David Weare is a partner and Ian Smith is a senior associate at Fladgate LLP The recent decision in St James’s Oncology SPC Ltd v Lendlease Construction provides helpful guidance to PFI-project companies, design and build contractors, and employers generally when dealing with latent-defect claims. The case concerned a new…

Why arbitration is so popular in cross-border disputes

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Pictured left to right: Michelle Essen is legal director, James Ignotus is a managing associate and Jessica Tresham is a partner at law firm Womble Bond Dickinson Most people in the construction and engineering industry are familiar with the term ‘international arbitration’. They understand that it is the most popular means…

Predicting the construction law agenda for 2023

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Amy Pairman is an associate at Brodies LLP The impact of COVID-19, Brexit, material shortages and increasing energy prices have dominated the last few years, but what can we expect going into 2023? New building safety regime An unavoidable topic will be building safety, in particular the changes due to…

The courts’ robust approach to cladding-defect claims continues

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Eric Johnstone is a senior associate at Brodies LLP Solicitors In LDC (Portfolio One) Ltd v George Downing Construction Ltd and European Sheeting Ltd [2022] EWHC 3356 (TCC), the courts have issued their most recent judgment in relation to cladding defects. Background LDC owns three student-accommodation high-rise tower blocks in Manchester.…

When adjudication and arbitration collide

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Aidan Steensma is of counsel and Adrian Bell is a partner in the Infrastructure, Construction and Energy Disputes team at CMS London Both the Arbitration Act and the Housing Grants, Construction and Regeneration Act (the ‘Construction Act’) were passed in 1996. Section 9 of the Arbitration Act requires a court…

Redundant process: are contractors flouting lay-off rules?

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Some big-name contractors have gone under in recent years without following proper redundancy procedures. With taxpayers footing the bill for payouts, is there any incentive for failing businesses to play fair? David Prosser reports Labour. Raw materials. Interest rates. As these costs all soar, the mortal threat to many construction…

Concurrent delay: everything to play for

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Aidan Steensma is Of Counsel for infrastructure, construction and energy disputes at CMS London Concurrent delay is a favourite topic of construction lawyers, with a wide variety of views being held and a scarcity of authoritative guidance from the courts. A decision of the Technology and Construction Court (TCC) in…

Hotels left in limbo by new cladding regulations

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Sue Ryan (pictured above left) and Philip Baker are construction partners, and Gemma Whittaker is a principal associate, all at Gowling WLG Amendments to the 2010 Building Regulations are due to come into force on 1 December 2022 – but may leave landlords and tenants of operational hotels questioning whether…

Scope of dispute in adjudication and breach of natural justice

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Laura Lintott is Of Counsel at the law firm Watson Farley & Williams LLP In Manor Co-Living Ltd v RY Construction Ltd, Manor Co-Living Ltd (“MCL”), as employer under the construction contract, brought a Part 8 claim against RY Construction Ltd (“RYC”) seeking declarations: first, that the adjudicator failed to…

‘It’s not working for me’: ditching an underperforming contractor

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Chris Snodin is a partner in the development and planning team of law firm Harold Benjamin Employers beware – recession may be looming. You may already be scrutinising your projects and identifying underperforming contractors. They can be a real headache, so here’s some guidance. As the employer, you may have…