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knowlEDGE

legal alert: The dangers of using letters of intent

06 Nov 18

Case: Arcadis Consulting (UK) Limited v AMEC (BCS) Limited [2018] EWCA Civ 2222

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legal alert: New TCC guidance on “no greater liability” clauses in collateral warranties

11 Oct 18

Swansea Stadium Management Company Ltd v City & County of Swansea [2018] EWHC 2192 (TCC)

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legal alert: Court of Appeal upholds TCC decision regarding concurrency and prevention

08 Aug 18

In the 2017 case of North Midland Building Ltd v Cyden Homes, the TCC held that the prevention principle did not apply and any right to an extension of time was wiped out because of concurrent delay caused by North Midland. The TCC held that the concurrency delay exclusion did not set time ‘at large’ and the prevention principle did not affect the enforceability of such a clause.

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legal alert: Can NEC interim assessments be revisited? Yes, they can.

02 Aug 18

Imperial Chemical Industries Limited v Merit Merrell Technology Limited [2018] EWHC 1577 (TCC)

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legal alert: When can an Employer appoint itself as Project Manager?

26 Jul 18

Imperial Chemical Industries Limited v Merit Merrell Technology Limited [2017] EWHC 1763 (TCC).

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legal alert: Philosophical belief and sanctity of copyright

23 Jul 18

A former employee of Mulberry who refused to sign a standard contract clause assigning copyright in her work to Mulberry has lost her appeal this week to the EAT.

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legal alert: NEC4 Alliance Contract – An Overview

18 Jul 18

The NEC has recently launched the much anticipated NEC4 Alliance Contract. Below we provide a brief overview.

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legal alert: Landmark judgment on a sub-contractor's entitlement to project insurance

15 May 18

Haberdashers’ Aske’s Federation Trust Limited and others v Lakehouse Contracts Limited and others [2018] EWHC 558 (TCC)

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legal alert: Retention deposit scheme bill delayed

02 May 18

The second reading of the Construction (Retention Deposit Schemes) Bill 2017-19 (“the Bill”) has been postponed to 15 June 2018.

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legal alert: A project monitor’s duty of care to a funder

20 Apr 18

A project monitor is responsible for checking the progress and quality of construction works on behalf of a funder and making recommendations based on the drawdown requests. The Court of Appeal recently considered the duty of care owed by a project monitor, causation and contributory negligence in the case of Lloyds Bank Plc v McBains Cooper Consulting Ltd [2018] EWCA Civ 452.

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legal alert: Retentions – will the winds of change blow through the construction industry?

04 Apr 18

Sarah Wilson, partner at commercial law firm Watson Burton, throws the spotlight on the Construction (Retention Deposit Schemes) Bill 2018 – and the impact it could make for contractors and subcontractors.

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legal alert: Beware – Get your procurement documentation right

28 Mar 18

MLS (Overseas) Limited v The Secretary of State for Defence [2017] EWHC 3389 (TCC)

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newsletter: 2018 case law review: delay

14 Mar 18

A round up of the current case law on delay in construction projects

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legal alert: Is this the end of ‘smash and grab’ adjudications?

14 Mar 18

Comment on Grove v S&T (UK) Ltd [2018] TCC (27 February 2018)

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legal alert: Service of notices

07 Mar 18

In the case of Glencore Agriculture BV v Conqueror Holdings Limited [2017] the high court had to determine whether a notice of arbitration sent by Conqueror was validly served on Glencore, by being sent to an individual employee’s email address.

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legal alert: TCC supports strict compliance with contractual final account mechanism

28 Feb 18

In the case of Systems Pipework Ltd v Rotary Building Services [2017] the TCC strictly upheld the final account provisions in a sub-contract.

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legal alert: How late is too late?

14 Feb 18

Last summer, the TCC decided relief from sanction would be given to defendants who filed their costs budget 10 days late, although in previous cases 1 day late has been considered too late (Mott & Anor v Long & Anor [2017] EWHC 2130).

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legal alert: Questioning the waiver of non-waiver provisions

31 Jan 18

In ZVI Construction Co LLC v The University of Notre Dame (USA) in England [2016] EWHC 1924 (TCC), the Court confirms that a party can by its words and/or conduct waive the agreed terms of a contract and specifically a non-waiver clause.

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legal alert: The Confines of an Adjudicator’s Jurisdiction

24 Jan 18

In the case of Stellite Construction Limited v Vascroft Contractors Limited [2016] EWHC 792 (TCC), Carr J severed part of an adjudicator’s decision on the basis the adjudicator had acted outside of jurisdiction.

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legal alert: The extent of an Architect’s duty to its client

17 Jan 18

In the recent case of Riva Properties Limited & Ors v Foster + Partners Limited [2017] EWHC 2574 (TCC) Mr Justice Fraser considered an architect’s duty of care in relation to the budget for a project.

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legal alert: FIDIC 2017 – What’s New?

10 Jan 18

In December 2017, FIDIC published new editions of its contracts for Construction – Red Book; Plant & Design – Yellow Book; and EPC/Turnkey Projects – Silver Book. The Green Book was not updated so the 1999 version is still to be used.

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legal alert: The new Building Regulation R – High Speed Broadband

10 Feb 17

On 1 January 2017, the new Building Regulation R came into force which now requires those developing new buildings or carrying out major renovations on existing buildings to provide “in-building physical infrastructure” for high-speed internet access i.e. 30 Mbps or above.

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