10 March 2014 Blog “Arising under” or “Arising out of”: spot the difference Referees are a sad bunch. They love to debate whether there are subtle differences between various laws of the game. Lawyers are a sad bunch too... Share this article Bookmark this page 2 min read
4 March 2014 Blog Holidays and governing law under a building contract February half term has resulted in less traffic but busier ski slopes. Easter will soon be approaching and again further holidays. But, what about building sites and the impact of holidays on progress on site?... Share this article Bookmark this page 2 min read
25 February 2014 Blog Flooding – Who carries the risk? Everyone will be aware of the flooding which has hit the country since the New Year... Share this article Bookmark this page 2 min read
5 February 2014 Blog JCT and the CDM Regulations I have been contacted by a Landscape Architect who has brought to my attention an interesting point on JCT... Share this article Bookmark this page 2 min read
16 January 2014 Blog Adjudication: should you pay up to a financially troubled party? The Technology and Construction Court has recently looked again at the difficult issue of enforcement of adjudicator's decisions where the successful party is having financial problems... Share this article Bookmark this page 1 min read
28 November 2013 Blog HS2 legislation passed On 21 November 2013, the High Speed Rail (Preparation) Act 2013 received Royal Assent. The Act is referred to as the “Paving Act”, and it and has immediate effect... Share this article Bookmark this page 2 min read
18 November 2013 Blog Set-off against an adjudicator's decision? Case law holds that when it comes to an adjudicator's decision, you have to pay first and argue for any set-off or withholding afterwards, otherwise you could be hit with your opponent's legal costs... Share this article Bookmark this page 2 min read
8 November 2013 Blog Termination – who serves the notices? A point that cropped up in one of our recent seminars was to do with the termination provisions under the JCT Standard Building Contract JCT 2011... Share this article Bookmark this page 1 min read
16 October 2013 Blog Liquidated damages - the necessary notices I was recently reminded of the notice requirements under JCT 2011 (both traditional and design and build) in order for an employer to withhold or deduct liquidated damages... Share this article Bookmark this page 1 min read
9 October 2013 Blog No civil liability for breach of CDM Regulations Civil liability for breaches of the Construction (Design & Management) Regulations 2007 (“CDM Regulations”) has been abolished as of 1 October 2013... Share this article Bookmark this page 1 min read
21 August 2013 Blog He Who Avers Must Prove The recent Scottish case of SGL Carbon Fibres Ltd v RBG Ltd has reiterated the established principle of “he who avers must prove”... Share this article Bookmark this page 2 min read
18 July 2013 Blog What's in a name? Shakespeare famously asserted: “That which we call a rose by any other name would smell as sweet”, but in contract law establishing the identity of the parties is essential – otherwise the contract may be void for uncertainty.... Share this article Bookmark this page 2 min read