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Legal terms explained: Retention

In a construction context, retention typically refers to money that the employer deducts and retains from interim payments due to the contractor as security for the proper completion of the works and/or the rectification of any defects or other non-compliant work.

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Letters of Intent – how to tame the beast

Guest Editor Laughlan Steer of Russell-Cooke LLP laments the all too common approach to letters of intent that is prevalent in the industry. They should be straightforward, but seldom are because best practice is often ignored.

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Reports from the courts: November 2023

Our regular round up of the court decisions of most interest to construction comes from Andrew Croft, Ben Spannuth and Daniela Miklova of Beale & Company Solicitors LLP who report on a case that warns parties to avoid linking final dates for payment to the submission of invoices/notices; and one that cautions parties about commencing a ‘true value’ adjudication until outstanding payment obligations have been complied with.

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Construction insurance: what to look out for

There were significant developments in the construction industry this year affecting the insurance outlook which Alan Stone, Tom Green, Zack Gould-Wilson and Rebecca Phipps of RPC examine for clues to what to expect in 2024.

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Construction Law Guide to: Performance security

Our regular guide to key aspects of construction law from DLA Piper has Jennifer Price-Thomas explain various types of performance security.

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Recent building safety cases: the courts are getting stuck in

Sarah Alexander of Dentons UK and Middle East LLP reviews recent court decisions relating to the growing number of building safety related cases since the Building Safety Act 2022 came into force. Developers face prosecution for failing to comply with improvement notice deadlines, one case confirms.

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Serial Adjudication in 2023: some like it hot

Karen Gough of 39 Essex Chambers analyses why after over 25 years of the adjudication regime the courts are still kept busy with issues arising from serial adjudications. Claiming parties like them, but they are the bane of adjudicators and judges she says.

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Enhanced status helps keep the Irish adjudication bar high

Stephen McKenna and Nouman Qadir of Quigg Golden analyse two recent decisions in Irish construction law handed down by the High Court. Adjudicator’s decisions have ‘enhanced status’ in the Irish courts compared to the UK, they point out, and the courts have a track record of supporting the intentions of the legislation.

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Party walls – we are all affected

Dr Laura Lintott, Visiting Fellow at King’s College London and Supervisor for undergraduates in land and private law at the University of Cambridge, writes in her capacity as a recent PhD graduate from the University of Cambridge on the topic of her thesis: Party Wall Disputes: Legal Coherence and Dispute Management.

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Insurance and Consequential Loss

Insurance expert John D Wright of JD Risk Associates examines how insurers regard claims for consequential loss. Claims for economic loss give rise to many disputes, he warns.

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