News & Analysis as of

Subcontractors 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

BCLP

Conditions Precedent and Time Bars, Getting Around Them

BCLP on

When a party fails to comply with a condition precedent, especially if such a provision includes a time limit for the fulfilment of the obligation, it will often advance various arguments to avoid the consequences of...more

Mayer Brown

Legal Developments in Construction Law: February 2024

Mayer Brown on

1. "Smash & grab" claim + true value claim = one adjudication dispute, or two? A subcontractor resisting enforcement of an adjudication award claimed that the adjudicator had exceeded their jurisdiction....more

BCLP

VAT Invoices and the Final Date for Payment

BCLP on

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

BCLP

Risk Mitigation in a Volatile Price Market

BCLP on

The construction industry will continue to face rising material prices, volatile markets and inflation. Disputes go hand in hand with rising prices as projects become much more difficult to complete on time and within budget....more

J.S. Held

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

J.S. Held on

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

BCLP

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

BCLP on

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: Malaysia

White & Case LLP on

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

Claims For Liquidated Damages Against Subcontractors

White & Case LLP on

Main contractors often make claims against subcontractors for liquidated damages for delay. A question that sometimes arises is whether liquidated damages may be claimed by a main contractor where there is no corresponding...more

White & Case LLP

Advance payment guarantees: three unsuccessful attempts to prevent encashment

White & Case LLP on

Advance payment guarantees are commonly used in the construction industry. However, successful challenges to a demand made under an advance payment guarantee appear to be less common. This article looks at three recent cases...more

King & Spalding

Tokyo Dispute Resolution & Crisis Management Newsletter – June 2020: Coronavirus & Construction Contracts - Causation, Force...

King & Spalding on

Large construction projects, by their very nature, carry significant commercial and financial risk for the parties involved. Contributing to this overall risk is the reality that an act of nature or other circumstance beyond...more

White & Case LLP

Construction contracts: vesting of title to goods

White & Case LLP on

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

BCLP

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

BCLP on

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

White & Case LLP

Subcontracting without consent – when performance gets personal

White & Case LLP on

Restrictions on a contractor's rights to subcontract works are common across industry forms of contract, and breach of these provisions can have significant consequences for a contractor. In a recent Australian case, the...more

White & Case LLP

The Construction Industry, Insolvency and Directors’ Liabilities

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A Singaporean construction company in liquidation has successfully sued one of its former directors for failing to act in the best interests of the company, highlighting the importance of directors being aware of, and...more

Hogan Lovells

Health Company Fined by UK’s Information Commissioner Office

Hogan Lovells on

Last week, the UK’s Information Commissioner’s Office (ICO) published a monetary penalty notice which fined a private healthcare company, HCA International, £200,000 for its failure to keep sensitive data secure....more

Perkins Coie

Don’t Let Forced Labor and Bribery in Your Supply Chain Spoil the Holidays

Perkins Coie on

The holiday retail season is an ideal time to check that forced labor and bribery—two top and interconnected supply-chain threats—do not undermine the success of your critical sales period. Not long ago, many in the...more

Bryan Cave Leighton Paisner

Using sub-contractors for public contracts? – New guidance published

On 9 December 2015, the Crown Commercial Service published important statutory guidance on the new subcontracting provisions under the Public Contracts Regulations 2015 (‘the PCRs’). The guidance is important as the...more

Morgan Lewis

The Modern Slavery Act 2015

Morgan Lewis on

The UK’s Modern Slavery Act is an effort by the government to end all forms of labour exploitation. The UK’s Modern Slavery Act 2015 aims to prevent all forms of labour exploitation and increase transparency of labour...more

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