Legal

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

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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

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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?

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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

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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

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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

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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

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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…

Does the shortage-occupation list make a difference in construction?

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Gary McIndoe is managing partner at Latitude Law Since the UK left the EU, restrictions on employing overseas workers have been lifted in an effort to allow businesses to access the skilled staff they need. A cap on numbers was lifted, and the requirement for resident labour market testing was…

AI in construction: do your contracts mitigate the risks?

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Andrew Woolsey is an associate and Sophie Ashcroft is a partner in the commercial dispute resolution team at law firm Browne Jacobson Construction companies are using artificial intelligence tools to increase productivity and add new proficiencies in areas such as contract management and project-management processes. However, AI usage may also…

Adjudications: a fair fight?

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It’s been 25 years since construction adjudications were introduced. But has it become too costly to bring a dispute – and does everyone involved trust the process?  In the early 1990s, the UK construction market was not in good shape. After Black Wednesday dealt a hammer blow to the economy,…