Legal

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…

End disputes, increase safety, save money – how the industry is turning to tech

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Turning to digital construction can help reduce litigation, enhance safety and save money, Greg Pitcher reports

“What have I done?” That was David Lawrence’s first thought as he returned to site and found the wall he had built the previous Saturday afternoon was not where it should have been. “When I…

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…

JCT sets out model for pre-emptive dispute resolution

Adrian Bell and Shona Frame are partners and Amy Roberts is an associate at law firm CMS

Shona Frame and Adrian Bell are partners, and Amy Roberts is an associate, all at law firm CMS Last month, the Joint Contracts Tribunal (JCT) released its Dispute Adjudication Board Documentation 2021 (DAB 2021). The guidance includes a model tripartite agreement to bind client, contractor and adjudicators, and is tailored…

Defective cladding: how will the courts handle leaseholder claims?

James Worthington of law firm Charles Russell Speechlys

James Worthington is a partner in the Construction, Engineering and Projects team at law firm Charles Russell Speechlys Since the tragic events of the Grenfell Tower fire, cladding claims have become increasingly common. The Technology and Construction Court (TCC) recently considered a strike-out application in the case of Naylor v…

Does limited liability apply in cases of deliberate breach?

David Young is an associate at law firm CMS

David Young is an associate at law firm CMS A recent decision by the Technology & Construction Court (TCC), in the case of Mott MacDonald Ltd v Trant Engineering Ltd, centred on the interpretation of general exclusions and limitations of liability – an area where prior cases have left conflicting…