The Courts and Mediation – A Settled Position?
16 May 2024
Insight Hub
7 May 2024
Introduction Delays to works are a common issue in construction projects. The exact cause(s) of any delay are not always easy to pinpoint, due to the complex and intricate nature of construction projects. Independent delay experts are often needed to analyse delays (thus helping to establish liability ) by doing the following: Determining the critical…
Read more19 April 2024
The Joint Contracts Tribunal (JCT) published its new Design and Build 2024 and Design and Build Sub-contract 2024 standard forms of contract on 17 April 2024 with much anticipation from across the sector. We set out in further detail below some of the key changes made. Building Safety Act The sector has been grappling with…
Read more10 April 2024
We often hear the term ‘back-to-back’ contracting, but what does this mean, and what are the common themes to consider when faced with a construction project involving multiple parties? What are back-to-back contracts? Back-to-back contracting is a term widely used within construction projects by which a main contractor seeks to pass on its obligations towards…
Read more27 March 2024
Background Payment issues in the construction industry have been well known for some time. With cash flow being critical to the success of construction projects and the solvency of the wider supply chain, late payments or long payment periods create acute points of contention between clients and suppliers. Overall, late payments are considered detrimental because…
Read more6 March 2024
Condition precedents are common in various commercial agreements. In this article, we discuss the court’s general approach to considering contractual condition precedents, and whether, particularly after the recent case of Lancashire Schools SPC Phase 2 Limited v Lendlease Construction (Europe) Limited and Others [2024] EWHC 37 (TCC), the court may be prepared to disregard them. What…
Read more28 February 2024
Download Article It has been a busy year in the construction industry and within our team. There have been some standout legislative changes, including in relation to the Building Safety Act 2022, and the Government has issued a significant paper in respect of behaviours relating to PFI contracts. All the while the impact of inflation…
Read more14 February 2024
Remediation Orders: What you need to know The Building Safety Act 2022 (“BSA”) requires landlords, developers and their associates to remediate historical defects that pose a building safety risk in certain buildings. As part of the package of leaseholder protections implemented by the BSA, the First Tier Tribunal (“FTT”) is able to make Remediation Orders…
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