How international collaboration can reduce the costs of construction disputes

English law has benefitted from being ‘open for business’ faster than other jurisdictions post the Covid crisis, partly due to familiarity with technology, says Guest Editor Bill Barton, Director of Barton Legal, who recommends that international companies should collaborate with English lawyers for more cost effective contracts.

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Reports from the courts

Our regular round up of court decisions of most interest to construction from Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP looks at a case showing why Parties should take care when seeking to place reliance on previous adjudication decisions; and another judgment which should be taken as a reminder to parties to take care when entering into ‘back-to-back’ contracts, as these will likely impose higher standards of care.

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Cladding fire safety claims – loss too remote?

Laura Lintott, Of Counsel, and Sam Goodwill of Watson Farley & Williams LLP analyse a case that highlights the hesitancy of the courts to allow parties to collateral warranties to evade liability easily on the basis that the loss was too remote. Given the current focus on fire safety and cladding more cases like this are to be expected.

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Construction Law Guide to: Directors’ Health and Safety Responsibilities

In our latest Construction Guides series article from DLA Piper, Rachel Chaplin explains the extent of health and safety responsibilities of company directors. 

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Review of construction law in 2022

Our review of the main construction law related events of 2022 comes from Victoria Peckett, Nisha Nyant and Sharni Mellors of Clyde & Co LLP. Unpredictability is the new norm, they conclude, while hoping for less turbulence in 2023.

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Scottish construction law review 2022

Lee Lothian and Sophie Malley of CMS review the main construction law related events in Scotland in 2022.

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‘Going Rogue’ – The effects of sanctions on the construction industry

The imposition of sanctions on Russia in response to its invasion of Ukraine enjoys widespread support across the western world, despite having impacts on industries in the economies of countries that support Ukraine. Vijay Bange of Duane Morris explains how the sanctions affect construction and engineering.

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Records key to defence against ‘smash and grab’

John Wallace of specialist construction and real estate boutique law firm Ridgemont examines recent case law surrounding pay less notices. Businesses are risking it all by failing to ensure contractual payment mechanisms are being followed and failing to issue valid notices on time to protect their positions, he argues.  

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Professional indemnity market problems

Insurance expert John D Wright, Principal of JD Risk Associates, reports an easing in the market for cover with new entrants at least partly accounting for a slowing down of rate increases. Problems still remain in the post Grenfell Tower tragedy world however.

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Reasons to be cheerful ’23

The latest in our alternative dispute resolution series comes from Tracey Summerell of Dentons UK and Middle East LLP who looks back at achievements of the ADR community in 2022.

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