Search results for 'construction'
Mitigating the increased risk of insolvency in the construction industry
The UK construction sector is experiencing an increasing rate of insolvency, with recent data revealing that construction firms accounted...
21/11/24Pay now, argue later! How far does that concept go under the Construction Act?
‘Pay now, argue later’. It is often said that is the nature of the payment and adjudication procedures in the Housing Grants,...
12/01/24Does an employee have to exhaust the grievance procedure before they can claim constructive dismissal?
That was the issue the EAT had to decide in the case of Nelson v Renfrewshire Council. Facts Ms Nelson was a learning and support teacher...
09/10/24Supreme Court rules collateral warranty is not a construction contract
The Supreme Court of the United Kingdom has handed down a significant judgment for the construction industry earlier today (9 July 2024)....
09/07/24When is a collateral warranty not a construction contract?
By Victoria Kempthorne In Toppan Holdings Limited and Abbey Healthcare (Mill Hill) Limited v Simply Construct (UK) LLP [2021] EWHC 2110,...
26/08/21Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd [2020] UKSC 25
A case comment by Zoe Williams and James Mapley The Supreme Court has unanimously allowed Bresco’s appeal to determine that where...
19/06/20Liquidated Damages, The Triple Point Case, and the New JCT
The Joint Contracts Tribunal (JCT) has released its new Design and Build Contract 2024. A new clause (2.29.5) relating to liquidated...
04/06/24The Building Safety Act 2022 and how it impacts commercial properties
The Building Safety Act 2022 (“the Act”), which received Royal Assent on 28 April 2022, is being brought into force in stages. The Act...
20/09/23Micro Homes & Straw Houses: Alternative Methods of Construction Hit the News
Solving the housing crisis is undoubtedly a difficult thing to do, which might be one of the reasons why there has been so little...
01/09/17New JCT 2024 – Sustainability / ESG
The new JCT Design and Build contract, 2024 edition has been released, and as we have seen, there have been a number of updates to the...
06/06/24RAAC – what are the implications for schools?
On 31 August 2023 the Department for Education (“DfE”) announced that schools and colleges with reinforced autoclaved aerated concrete...
03/10/23Slip and Slide: two lessons from Adjudication
Construction expert, Ben Couldrey, considers the decision of the Technology and Construction Court on 18 December 2020 in Aqua Leisure...
02/03/21T'was the last working day before Christmas: A Festive Case-Law (and CIL) round-up
It is my last working day before Christmas, and the emails are blessedly quiet, so what better way to celebrate the imminent festivities...
24/12/24Time to Take Note - MW High Tech Projects Limited v Balfour Beatty Kilpatrick Limited [2020] EWHC 1413 (TCC) by Ben Couldrey and James Mapley
In MW High Tech Projects Limited v Balfour Beatty Kilpatrick Limited [2020] EWHC 1413 (TCC), the TCC provided a useful illustration of...
23/06/20We Need to Talk: s.106 Agreements, CIL Payments & Stalled Sites
There is a lot for developers to think about right now. Everything from the availability of building supplies, to force majeure clauses...
30/03/20Building Safety Bill - beware longer limitations
This article, by Natalie Cane, first appeared in Architecture Magazine Claims under contracts can only be commenced within a certain time...
14/10/21Chinese Walls Come Tumbling Down - A v B [2020] EWHC 809 (TCC)
It is well established that an expert acting in a dispute owes a duty to the tribunal to provide evidence that is impartial and...
14/04/20Taking a Risk with the Contract? The Good Faith Provisions in JCT DB 2024
This article is part of Irwin Mitchell’s “thought pieces series” on the JCT Design and Build Contract 2024 (DB 2024), by members of the...
05/06/24New JCT Design and Build Contract 2024 published
Last week the JCT published the long-awaited new design and build contract, the first of the new suite of 2024 JCT contracts. In this...
22/04/24Knowledge and disability: what should you do if you find out someone is disabled after you've dismissed them?
Most disability discrimination claims are brought under section 15 of the Equality Act 'discrimination arising from disability' and...
22/11/21Direct Line ordered to pay menopausal employee £65,000 after failing to adjust its performance management processes
At what point can you raise legitimate concerns with an employee whose performance has declined due to menopausal symptoms? What...
05/09/23Adjudication: ‘the good can and should be severed from the bad’
A dispute over the late completion of a hotel in Shoreditch has resulted in another significant judgment on the status of adjudication....
29/07/19Government abandons legislation that would have protected workers from third party harassment
Under our current laws, it can be difficult for workers to bring successful claims against their employers for harassment they experience...
20/07/23Construction sneezes - does the economy get a cold?
I'm a lawyer, not an economist (and so part of the burgeoning service sector growth!), but I cannot help but be worried by the continued...
27/10/15Tales from the CIL Files: Retained buildings, floorspace deductions and retrospective consents.
Whilst MHCLG* grapple with an avalanche of consultation responses… and the rest of us await the budget… I thought I would spend some time...
21/10/24A Hectic Week in Planning Land: Boats, New Towns, Call In Decisions & Stand-up Comedy
On Friday night, I attended Matt Forde's End of an Era Tour. Tunbridge Wells is a bit of a comedy hotspot, so I have seen quite a lot of...
11/11/24What’s in a name? Disputes and dismissed claims
When disputes arise regarding the developer of any given project, it can lead to dismissed claims if all names don’t align. Micah Hall, a...
16/06/21The Importance of defining disputes
By George Mills, Paralegal at Irwin Mitchell LLP The case of Empyreal Energy Ltd v Daylighting Power Ltd [2020] EWHC 1971 (TCC)...
08/09/20Environmental news update - 29 November
Welcome to the latest edition of our weekly Environment Law news update. As ever, we bring you developments, insights, and analysis in...
29/11/24Tales from the CIL Files: A short list of things that are not "buildings"
You are about to enter another dimension, a dimension not only of sight and sound but of mind. A journey into a wondrous land of...
29/11/24