News & Analysis as of

Contractors United Kingdom

Katten Muchin Rosenman LLP

Reflecting on the CIS: Three Month Review

Since 6 April 2024, most payments made by landlords and tenants are outside of the scope of the Construction Industry Scheme (CIS). New CIS regulations were introduced with the aim of streamlining the UK tax framework in...more

Mayer Brown

A Reminder Of The Circumstances In Which ADR Provisions In Dispute Resolution Clauses Will Not Be Enforced

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Will the English Courts always give effect to a mandatory, binding dispute resolution clause that includes ADR as a condition precedent to litigation?  The decision in the recent case of Lancashire Schools v Lendlease serves...more

BCLP

Fair Payment Practices: Recent Developments

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In this Insight, first published in PLC, Jennifer Badham discusses various attempts to address late payments and long payment terms that are a common problem in construction industry supply chains, including two recent...more

Hogan Lovells

All a matter of timing - English construction court considers when there’s a cause of action for defective design - Talking Point...

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The Technology and Construction Court in London has given a wide-ranging review of the law that frequently arise in construction projects, particularly on issues of limitation and when a cause of action over a supposedly...more

BCLP

VAT Invoices and the Final Date for Payment

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In its recent decision in Lidl Great Britain Ltd v Closed Circuit Cooling Ltd (t/a 3CL) [2023] EWHC 2243 (TCC), the TCC provided some helpful guidance around the statutory payment provisions in the Housing Grants,...more

A&O Shearman

Watts at stake when there's a delay?

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The High Court has provided guidance on a contractor’s general right to suspend works, the enforceability of liquidated damages upon termination, and the recoverability of financing costs as part of loss of revenue....more

J.S. Held

Martlet v Mulalley: Design Considerations of a ‘Reasonable’ Architect on Fire-Safety Issues Post-Grenfell

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The disastrous fire event at Grenfell Tower in 2017 marked the beginning of the latest batch of fire safety reforms, and the significant cultural and professional shift in the design and construction of high-rise and complex...more

Hogan Lovells

UK Building safety: Gateway consultation open for comment

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The Building Safety Act 2022 received royal assent on 28 April 2022, with its provisions coming into force over the following 18-month period. One of the key elements of the Act is the introduction of specific building...more

Pillsbury - Global Sourcing Practice

Enforceability of Penalties for Late Delivery in the UK: UK Supreme Court Confirms the Law of Liquidated Damages

For some time the position under English law relating to the recovery of liquidated damages from a contractor as penalty for late delivery has been unclear where the contract terminates before the contractor completes the...more

BCLP

Scottish appeal court says NEC is not a charter for contract breaking

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The September 2020 decision by the Scottish Court of Session in Van Oord UK v. Dragados UK [2020] CSOH 87, which has now been appealed. The dispute centred on the ability of Aberdeen Harbour expansion main contractor Dragados...more

White & Case LLP

Managing construction risks in Asia-Pacific: Singapore

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With a significant and coherent body of case law on construction disputes, Singapore is a hub for resolving many construction disputes across the Asia-Pacific region. Singapore is a vibrant country in Southeast Asia. With...more

White & Case LLP

Managing construction risks in Asia-Pacific: Malaysia

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With its strategic location and significant natural resources, Malaysia is an internationally recognized investment-friendly jurisdiction with a significant construction industry. Malaysian law offers procedural safeguards...more

White & Case LLP

General damages for delay: capped, or uncapped?

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Does a liquidated damages clause which has been found to be void and / or unenforceable nevertheless operate to limit a contractor's liability for general damages for delay? This issue was decided in two recent cases – one...more

BCLP

Triple Point v PTT: UK Supreme Court also interprets a contractual cap on liability

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The UK Supreme Court recently handed down a highly anticipated judgment on the interpretation of clauses which pertain to liquidated damages and limitations on a contractor’s liability for damages. Most notably, the Supreme...more

BCLP

Timberbrook v Grant Leisure: staged payments, variations and termination clause

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The recent English case of Timberbrook Ltd v Grant Leisure Group Ltd [2021] EWHC 1905 (TCC) (Date of Judgement: 16 July 2021), which was heard in the Technology and Construction Court, is a good illustration of the factors...more

Vinson & Elkins LLP

Back To The Traditional Approach: Supreme Court Overturns Court Of Appeal Decision On Liquidated Damages In Triple Point

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The Supreme Court’s recent decision has restored the orthodox approach to interpreting liquidated damages clauses and has brought some certainty following the Court of Appeal’s judgment in 2019. It has also emphasised the...more

A&O Shearman

Yoo can design but yoo can’t imply

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An agreement between a designer and property developer for the interior design of a luxury residential development did not require an implied term that the developer would sell the apartments within a reasonable time as a...more

K&L Gates LLP

Four Simple Steps to Prepare for IR35

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With everything else going on, it is important not to forget that changes to the off-payroll working rules (commonly known as IR35) are due to come into effect on 6 April 2021, imposing new legal obligations on businesses...more

Seyfarth Shaw LLP

Contractors in the UK - Important Tax Changes from April 2020

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We are now less than two months away from the new IR35 regime: important changes to the way companies engage contractors via third party companies are coming into force on April 6. Following up on our recent webinar, below we...more

White & Case LLP

Construction contracts: vesting of title to goods

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When does title to goods transfer from a contractor to an employer? This can be a critical issue, especially when a party to a project has become insolvent. A recent English case considered this issue, and the application of...more

White & Case LLP

Allocation of Risk in Construction Contracts (Updated)

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Risk in construction contracts - 'Risk', in a project delivery context, can be defined as 'an uncertain event or set of circumstances that, should it occur, will have an effect on the achievement of one or more of the...more

BCLP

The Ontario Construction Act: building on the UK prompt payment and adjudication regime

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This summer I had the pleasure of traveling to Toronto and meeting Canadian construction lawyers to discuss the introduction of a prompt payment and adjudication regime in Ontario on 1 October 2019. As Matt Malloy outlined...more

BCLP

Construction 2020: United Kingdom

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Foreign pursuit of the local market - If a foreign designer or contractor wanted to set up an operation to pursue the local market, what are the key concerns they should consider before taking such a step? Originally...more

White & Case LLP

When Do Defects Prevent Practical Completion?

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Practical completion represents the physical completion of works on construction projects. Despite its importance, it is not a legal term of art, and whether or not practical completion has been achieved requires...more

BCLP

Adjudication and insolvency – guidance from the Court of Appeal

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Summer 2018 will be remembered as a special time by many readers of this blog: whether it was the spectacular weather, the giddy heights hit by the England football team, or Fraser J’s decision in Michael J Lonsdale...more

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