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Construction matters blog

Kent Construction Expo, 4 October 2018

11 Oct, 2018
James Lee and I made our annual trip to the Kent Construction Expo last week and enjoyed it as much as ever.  It was good to see the Event Centre busy and lively, with delegates...
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Construction matters blog

Contractor claims for delay and disruption against third parties

25 Sep, 2018
The topic of delay and disruption has often featured in this blog.  Problem areas include both neutral events, eg bad weather, and interaction between the parties such as where...
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Construction matters blog

Opportunity or threat for construction after Brexit?

24 Sep, 2018
Apologies if you are tired of the Brexit debate.  But, leaver or remainer, dealer or no dealer, you cannot ignore it if you are involved in the construction industry. Whatever the...
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Construction matters blog

'Plugging the gap': Letters of intent

18 Sep, 2018
What are they and why are they necessary? Whilst a 'letter of intent' can have an ambiguous and varied meaning across other legal practice areas, typically in construction, it is a...
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Construction matters blog

Professional negligence update

11 Sep, 2018
The pre-action rules governing professional negligence disputes have changed On 1 May 2018, the law relating to negligence claims against non-medical and non-construction...
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Construction matters blog

Potential Issues with NHBC and Collateral Warranties/Third Party Rights

21 Aug, 2018
In my last blog, I began a ‘compare and contrast’ of the NHBC (and other insurance backed structural warranties) and collateral warranties/third party rights. We previously...
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Construction matters blog

NHBC versus collateral warranties/third party rights

13 Aug, 2018
To the uninitiated, there seems to be a lot of confusion in the marketplace as to whether or not an employer should be procuring NHBC cover or collateral warranties on a...
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Construction matters blog

Adjudication: What happens if a party is unhappy with the adjudicator’s decision?

8 Aug, 2018
As many readers will be aware the parties to a construction contract  have a statutory right to refer a dispute to adjudication. By its nature adjudication is a swift process...
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Construction matters blog

Ashley Pappin joins Cripps LLP construction disputes team

13 Jul, 2018
We are delighted to announce the recruitment of Ashley Pappin as Senior Associate. Ashley becomes the fourth member of the Cripps LLP construction disputes team.  Ashley joins us...
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Construction matters blog

Concurrent Delay and "Smash and Grab" Adjudications

6 Jul, 2018
In October 2017, Claire Barwick in our construction team wrote about concurrent delay and the prevention principle in relation to the case of North Midland Building Limited v...
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Construction matters blog

Get your Planning Consents first

8 May, 2018
The case of Clin -v- Walter Lilly has reached the Court of Appeal, just on preliminary points. It now needs to go back to the High Court to work out liabilities. Work stated in...
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Construction matters blog

Project Insurance: A trap for the unwary subcontractor and their insurers

24 Apr, 2018
On 19 March, the High Court gave judgment in the case of Haberdashers’ Aske’s Federation Trust Limited and The London Borough of Lewisham v Lakehouse Contracts Limited...
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Construction matters blog

Adjudication: Conduct of the parties and extensions of time

26 Mar, 2018
As most readers of this blog will aware, construction adjudications are intended to provide a swift resolution to disputes under construction contracts that the regime applies to...
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Construction matters blog

What happens when your pre-construction services agreement fails?

19 Mar, 2018
Pre-Construction Services Agreements ("PCSAs") are increasingly being used in large and/or complex construction contracts, combined with two-stage tendering.  The contractor...
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Construction matters blog

Option C insurance under JCT 2016 - not such a C change?

12 Mar, 2018
By way of a reminder, the JCT contracts have three ways of taking out appropriate insurances in relation to a development.  Option A insurance is used in instances where a new...
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Construction matters blog

So you think you know all about sub-contractor insolvency and guarantees?

23 Feb, 2018
With the demise of Carillion and a number of other large construction companies, issues around contractor insolvency are once again in the press.  However, sub-contractor...
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Construction matters blog

Settling claims: beware the pitfalls

14 Feb, 2018
Whether we like it or not, construction contracts routinely give rise to disputes.  Some get as far as adjudication or court or arbitration proceedings.  More often than not...
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Construction matters blog

When might your liquidated damages provisions not apply?

25 Jan, 2018
Including a provision for liquidated damages in a building contract in order to allow an employer to claim damages at a certain rate for the contractor failing to complete project...
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Construction matters blog

Contractor insolvency: a checklist

15 Jan, 2018
Today’s announcement that Carillion are being moved to liquidation brings into focus the effect of liquidation in a construction context. While not intended to serve as a...
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Construction matters blog

2017 Digest and Christmas Holidays

22 Dec, 2017
2017 has seen some important updates and changes in construction law and the industry.  In particular, highlights have included: (a) A Supreme Court decision on fitness for...
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