27 May 2019 Blog BIM guidance from JCT The Joint Contracts Tribunal (JCT) has published a practice note giving guidance on using building information modelling (BIM) in JCT contracts: “BIM and JCT Contracts”... Share this article Bookmark this page 1 min read
22 May 2019 Blog When is a building practically complete? The Court of Appeal has given a very useful summary of the courts’ current view on what constitutes “practical completion” (if there is no definition in the contractual documents)... Share this article Bookmark this page 2 min read
23 April 2019 Blog Disclosure Pilot Scheme has retrospective effect even where a disclosure order has already been made In UTB LLC v Sheffield United Limited and others [2019] EWHC 914 (Ch), Sir Geoffrey Vos, Chancellor of the High Court, considered the effect of the Disclosure Pilot on transitional cases... Share this article Bookmark this page 2 min read
22 April 2019 Blog Why you still can’t sue an inspector in tort Estates Gazette has recently published my article on the enduring effect of the decision of Murphy v Brentwood in the assessment of whether a construction professional can owe a duty of care to enable the building owner to recover the cost of rectifying a defect in the building... Share this article Bookmark this page 1 min read
17 April 2019 Blog Suppliers in Distress – Reducing the impact on critical services In the wake of Carillion’s collapse, employers of services and works are taking an increasingly active role in monitoring the financial position of their key suppliers... Share this article Bookmark this page 3 min read
29 March 2019 Blog Public Procurement (Amendment etc.) (EU Exit) Regulations 2019 The Public Procurement (Amendment etc.) (EU Exit) Regulations 2019 (SI 2019/560) were made on 13 March and published on 15 March 2019... Share this article Bookmark this page 1 min read
22 March 2019 Blog Architects – both the brief and any design development or changes should be in writing A recent case has highlighted the responsibility of architects to ensure their brief and any design development or changes are in writing... Share this article Bookmark this page 1 min read
5 March 2019 Blog NEC issues a set of amendments to NEC4 On 1 March 2019 NEC issued a set of amendments to its NEC4 suite of contracts. There are quite a few... Share this article Bookmark this page 2 min read
28 February 2019 Blog Reading between the lines – implied terms in commercial agreements The Supreme Court’s recent decision in Wells v Devani [2019] UKSC 4, 2019 WL 00570778 is not specifically about construction law, but is nevertheless worthy of attention... Share this article Bookmark this page 3 min read
27 February 2019 Blog The slip rule and consequential corrections The slip rule in adjudications is well established. Indeed, it has been enshrined in statute through section 108(3A) of the Construction Act 1996 (as amended) and paragraph 22A of the Scheme for Construction Contracts 1998 (as amended) (“the Scheme”)... Share this article Bookmark this page 3 min read
15 February 2019 Blog Managing Service Delivery: Monitoring performance and the Service Level Agreement (SLA) Service contracts Managing Service Delivery: Monitoring performance and the Service Level Agreement (SLA) Service contracts, such as hard facilities management agreements, often include: a service specification, a service level agreement and a performance management regime... Share this article Bookmark this page 3 min read
6 February 2019 Blog Clancy Docwra v E.ON: spend time on your technical documents Lawyers often gloss over technical construction documents: ‘too techie for us’, they say... Share this article Bookmark this page 2 min read