Legal

How courts deal with disputes where there is a DRP between parties

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Nana Manu-Mabiza is a senior paralegal in the construction and engineering team at RWK Goodman A Court of Appeal case that sheds light on how the court will deal with disputes where there is a pre-determined contractual dispute resolution procedure (DRP) between the parties is Kajima Construction (UK) Ltd, Kajima…

We need to get honest about the insolvencies trend

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Fintan Wolohan in a managing associate at Womble Bond Dickinson (contributions from Michelle Essen, Simon Rowland and Jonathan Dunkley) Many organisations in the construction industry are facing financial distress, and it cannot be ignored any longer. As the sector buckles under the strain, it’s important to recognise that there’s no…

Would you rather be bitten by a tiger or a bear?

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Kwadwo Sarkodie is a partner and Tamsin Travers is counsel at Mayer Brown International LLP Confronted with spiralling costs and supply chain issues on a fixed price contract which is consequently becoming increasingly unprofitable, a contractor may face a painful choice: continue with the project at a loss or try…

Home Office breaks record with crackdown on illegal working

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Adam Kyte and James Lamont are associates specialising in immigration at Charles Russell Speechlys The Home Office has increased its enforcement activity with 159 enforcement visits in one day on 15 June 2023, deploying more than 300 immigration officers and resulting in the arrest of 105 foreign nationals working illegally.…

Company voluntary arrangements: a whistle-stop tour

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Karen Morean is a partner in the construction, engineering & procurement team at law firm Devonshires With an increasingly difficult economic environment, insolvencies throughout the construction industry are on the rise. Compulsory voluntary arrangements (CVAs) are often used as an interim procedure that a company adopts to avoid immediate terminal…

How can collaborative procurement benefit construction project delivery?

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Edd Burton (pictured above-left) is Aecom’s head of advisory services for infrastructure and Tom Douglas (above-right) is partner at Eversheds Sutherland To say the delivery of construction projects has become more complex in recent years is somewhat of an understatement. The conflict in Ukraine, Brexit and the Covid pandemic have…

Considering repudiation and liability in the termination of contracts

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Anita Crozier is an associate at law firm CMS A party terminating a contract for repudiation or otherwise for default by the other party will usually be entitled to compensation for loss of the contractual bargain.  “The Dalton case provides an example of when a termination-for-convenience clause (albeit not in…

Trouble on the horizon: The post-Brexit law cull threatening onsite safety

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The Work at Height Regulations save lives and are hugely popular in the construction sector. But will moves to ‘sunset’ all EU laws dilute – or even destroy – them? Behind the innocuous-sounding ‘Retained EU Law (Revocation and Reform) Bill’, lies the prospect of an assault by the government on…

How to deal with delay in construction contracts

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Tim Seal is head of construction at Ridgemont After long delays, it was recently announced that London Luton Airport had finally submitted revived plans for the construction of a second terminal. The story serves as a reminder that delay is a common feature of construction projects and should always be…

Sharing the load: are fixed-price contracts a thing of the past?

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With many subcontractors bitterly regretting the fixed-price contracts they signed before inflation spiralled, James Wilmore asks whether fluctuation clauses and advance payments will become the norm “Collaborative risk-sharing will be key to preserving industry resilience and capacity moving forward.” These were the words of the Construction Leadership Council’s (CLC) product…