Legal
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CommentShedding new light on late payment
Provident vs Hexagon changes the game on late payment – do it twice, and the aggrieved contractor can walk
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CommentConclusive evidence clauses
A new ruling throws the use of conclusive evidence clauses into doubt
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CommentCollateral warranties get clarity at last
A new ruling has provided much-needed clarity on the use of collateral warranties in construction contracts
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CommentRecusal and the Post Office
When a party to a dispute anticipates losing, it may – as a desperate measure – seek recusal on grounds of judicial bias
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CommentThe right to request predictable work
Employers need to prepare for new workers’ rights legislation that comes into force this year
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CommentThere’s a lot to learn: construction law resources on and offline
Tony Bingham highlights a newly published construction law compendium and sets out a range of online resources – many free
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CommentThe Latham report, 30 years on
Constructing the Team called for a more collaborative industry approach and directly led to the introduction of statutory adjudication. But how well is adjudication working today?
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CommentSmash-and-grab claims – and how to avoid them
The contractual time limits on issuing payment and pay less notices are generally pretty tight – be mindful of your obligations or risk becoming liable for payment in full
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CommentCladding remediation liability under the Building Safety Act
The Court of Appeal has clarified the criteria by which the secretary of state should make decisions on liability for cladding remediation, and when developers might reasonably challenge them
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CommentLegal abroad: Doing business in India
Our series turns to the subcontinent, where potential uncertainty over arbitration has recently cast a shadow over this land of legion construction opportunities
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CommentFresh intentions: an update to the letter of intent form
The new standard letter of intent form has been published by the City of London Law Society
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CommentThe Post Office scandal and the fallibility of wanting to win
Expert witnesses are seen as unbiased, but they have a human flaw – the wish to win for their team. That’s part of what went wrong at the Post Office
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CommentProper contract execution is vital
Theresa Mohammed on a reminder to be express in the scope and terms of appointments and to properly execute contract documents
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CommentGet up to speed on heat network regulation
Operators, suppliers and developers of heat networks need to be aware of the evolving regulatory landscape, with new requirements coming in under the Energy Act 2023
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NewsSimon Tolson to stand down as Fenwick Elliott senior partner
Prominent lawyer steps back after 23 years at the helm
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CommentBring your data protection up to scratch
Beverley Flynn and Georgie Barrow explain why construction firms need to improve their data protection
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CommentHow a new ruling provides fresh clarity on building liability orders
Sheena Sood on a new ruling that offers key guidance on the building liability orders created under the Building Safety Act
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CommentOn second thoughts… the slip rule in adjudication
Tony Bingham explores the limits of an adjudicator’s power to correct their own mistakes after the award has already been issued
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CommentGetting serious on serial disputes
Tony Bingham considers the subtleties of serial adjudications and when an adjudicator is bound by what was decided last time around
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CommentEssential law: Termination, part four
As part of our essential law series, Patricia Nathan-Amissah and Mark Barley consider whether you can terminate under common law and under the contract simultaneously