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Construction Project Construction Contracts United Kingdom

Vinson & Elkins LLP

"Supreme Court Rules Most Collateral Warranties Are Not Construction Contracts" in Abbey Healthcare v Simply [2024] UKSC 23

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On 9 July 2024, the Supreme Court unanimously held that collateral warranties deriving from or reflective of the primary building contract, and merely promising continued construction, are not generally considered agreements...more

BCLP

Abbey Healthcare - A Prompt for Considering Contractual Adjudication in Collateral Warranties?

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An article considering the Supreme Court’s decision in Abbey Healthcare, which decided that a typically worded collateral warranty is not a construction contract for the purposes of the Housing Grants, Construction and...more

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

Confronting and Mitigating Against Corruption

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Construction is a $1.7 trillion industry worldwide, contributing between 5 and 7 percent of GDP in most countries. However, it is also an industry that is highly vulnerable to corruption due to its inherent characteristics....more

BCLP

Conditions Precedent and Time Bars, Getting Around Them

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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

BCLP

JCT 2024 Editions: Key Changes in the JCT's New Suite of Contracts

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An article, first published in PLC which analyses the key changes introduced by the JCT in its Design and Build Contract, 2024 Edition, the first of the JCT's 2024 contract families to be published. Standard forms tend to...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

Mayer Brown

Legal Developments in Construction Law: February 2024

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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

Can You Smash & Grab and Argue About True Value in the Same Adjudication?

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In the case of Bellway Homes Limited v Surgo Construction [2024] EWHC 10 TCC, the court addressed whether it is possible to start a smash & grab adjudication but also a claim based on true value adjudication as a secondary...more

Mayer Brown

Legal developments in construction law - December 2023

Mayer Brown on

Continuing duty to advise or warn? How do you know? Whether, or not, a consultant has a continuing duty to advise or warn can be a challenging question to resolve....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

BCLP

Building Safety - Details of the Design, Construction and Occupation Regimes

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On 17 August 2023, the government published details of the design, construction and occupation regimes which will be introduced for higher-risk buildings, coming into effect on 1 October 2023. Those affected should...more

BCLP

Risk Mitigation in a Volatile Price Market

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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

BCLP

Can liquidated damages clauses set general cap?

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A pair of cases in the past two years have come to opposite conclusions about whether general damages can be capped by contract provisions for liquidated damages. Liquidated damages clauses are a common feature of...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

Practical Completion: The New Context for Certifying Higher-Risk Buildings in England

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The decision to certify as to when the works under construction contracts in the United Kingdom (“UK”) have reached ‘Practical Completion’ (“PC”) can often cause difficulties for the Contract Administrator (“CA”), as the...more

White & Case LLP

Invalid payment claims and notices under construction contracts

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A key part of the interim payment process in construction projects is the issuing of payment notices by payee and payer alike. Two recent UK cases demonstrate a strict approach being taken by the courts to the validity of...more

White & Case LLP

Construction contracts: extensions of time and apportionment of delay

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If an extension of time (EOT) clause permits the apportionment of delay, what should be taken into account when apportioning delay? Comments in a recent decision of the Singapore Court of Appeal indicate that a party's...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

BCLP

NEC4 X22: ECI for an Asian context?

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Updates to NEC4 optional clause X22 – Early Contractor Involvement and its suitability for use in HK, Singapore and elsewhere in Asia. In October 2020, NEC issued amendments to the NEC4 suite. ...more

BCLP

Copyright in construction: some common queries

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Questions about intellectual property rights routinely arise during construction contract negotiations and serve as a refreshing reminder that COVID-19 issues are not the sole focus of negotiations at the moment. Copyright...more

King & Spalding

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

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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

K&L Gates LLP

COVID-19: UK Public Sector Construction - Cabinet Office publishes FAQs regarding PPN02/20

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Further to our recent blog post “COVID-19: UK Public Sector Construction - cash flow relief for suppliers” on 31 March 2020, in which we set out guidance on the Government’s Procurement Policy Note - Supplier relief due to...more

K&L Gates LLP

COVID-19: UK Public Sector Construction - Cash Flow Relief for Suppliers

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Introduction - The impact of COVID-19 on the construction industry has been the subject of much debate this week, as discussed in our blog article “COVID-19 Construction Industry - Operating in a Pandemic”, with businesses...more

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