23 January 2019 Blog The Disclosure Pilot now in force The Disclosure Pilot (“DP”) commenced on 1 January 2019 in the Business and Property Courts and will run for a period of two years... Share this article Bookmark this page 4 min read
11 January 2019 Blog You can if I can: The principal of Equivalent Project Relief On projects using a special purpose vehicle (“SPV”), the SPV is keen to ensure that it does not face claims or obligations that it cannot, in turn, seek from the contracting authority (“Authority”)... Share this article Bookmark this page 3 min read
3 January 2019 Blog Enforceability of Liquidated Damages Provisions Following Stuart Thompson’s recent blog about GPP Big Field LLP v Solar EPC Solutions SL (“GPP”) and in particular whether liquidated damages continue to accrue following termination up to completion, we look at the decision made on whether or not the liquidated damages provisions were enforceable... Share this article Bookmark this page 3 min read
19 December 2018 Blog Payment Notices and Pay Less Notices – calculating time Christmas 2018 When calculating time in England and Wales under the Housing Grants Construction and Regeneration Act (as amended) (“the Act”) this Christmas... Share this article Bookmark this page 1 min read
28 November 2018 Blog Hoffmann against Sumption: the rumble in the judicial jungle Estates Gazette has recently published my article on a public falling-out between two of our greatest judges on the most important contract law question of them all... Share this article Bookmark this page 1 min read
26 November 2018 Blog Do Liquidated Damages accrue post-termination? Do liquidated damages continue to accrue after a construction contract has been terminated?.. Share this article Bookmark this page 2 min read
22 November 2018 Blog Liquidated damages – notice requirements under JCT One of the points that arose in the case of Grove Developments Limited v S& T (UK) Limited which has been rather overshadowed, is a consideration of the notice requirements under JCT before Liquidated Damages can be levied... Share this article Bookmark this page 2 min read
21 November 2018 Blog MF/1 on Liquidated Damages MF/1 is an odd contract, especially concerning liquidated damages (“LDs”). In contrast to most other construction industry-standard forms, LDs are expressed as a percentage of the contract value rather than a fixed amount per day or per week... Share this article Bookmark this page 2 min read
6 November 2018 Blog Protection from Termination: Termination in Project Finance Models The ability to terminate is a strongly negotiated issue in project finance deals as the special purpose vehicle (SPV) will want to be able to terminate the contractor easily whilst preventing themselves being terminated to ensure the project can reach practical completion by the target date... Share this article Bookmark this page 3 min read
30 October 2018 Blog How will the recent Government announcement to ban the use of combustible materials impact construction contracts? The ban, according to the Ministry of Housing, will be delivered through changes to building regulations (‘the Regulations’) and will limit materials available to products achieving a European classification of Class A1 or A2. It is expected that these changes will be brought forward in late autumn... Share this article Bookmark this page 2 min read
22 October 2018 Blog Assessing damages – diminution v repair A Court has recently held that whilst the usual approach is diminution in value, there are circumstances which justify awarding repair costs in order to recompense the claimants... Share this article Bookmark this page 2 min read
3 October 2018 Blog Combustible cladding ban announced for high rise buildings The Government announced yesterday that it will be changing building regulations to ban the use of combustible materials on external walls of high rise buildings... Share this article Bookmark this page 1 min read