Contractor vs. Designer: Unravelling Design Liability Differences

Joseph Wittenberg of Turner & Townsend Contract Services warns contractors to be wary of trying to reduce design liability through contract clause wording. The courts will find that a term warranting a specific performance will trump any conflicting clause seeking to reduce the contractor’s design liability to reasonable skill and care.

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Limiting construction’s environmental footprint using climate conscious drafting

Alexandra Holsgrove and Corinna Whittle of TLT explain how climate conscious drafting of contract clauses can contribute to the climate change battle. Contracts as well as technical documents can include specific climate obligations.

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Court ruling could impact on professional indemnity insurance in Northern Ireland

Catriona McCorry of DAC Beachcroft, a Member of the Forum of Insurance Lawyers’ Professional Indemnity Sector Focus Team, outlines the key changes to building safety legislation in Northern Ireland introduced by the Defective Premises Act (Northern Ireland) 2024. Its impact on construction is highlighted by the recent group action in the case of Ulster Garden Villages & Others v Farrans (Construction) Limited & Others.

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Indemnity limits – a qualified promise

Insurance expert John D Wright explains how variations on aggregation causes in policies give rise to problems that look like continuing to keep the courts busy. Every word and phrase will have to be interpreted by the Courts, applicable to the facts of each case, he warns.

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Design liability in construction

Cheryl Ferguson of Dentons UK and Middle East LLP examines a recent TCC decision. Given the technical complexity involved, construction disputes of this nature can benefit from ADR approaches, she suggests.

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Legal terms explained: Adjudication and Insolvency

Adjudication is a speedy interim dispute resolution mechanism commonly used in the UK construction industry, as well as in certain other common law jurisdictions.

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Major policy change for corporate crime

Companies can escape prosecution for criminal conduct if they promptly notify the Serious Fraud Office (SFO) when they identify evidence of bribery, fraud or other corporate crime in their own organisations and cooperate fully with resultant investigations, the SFO has announced in a major policy change.

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Key carbon capture and storage project reaches financial close

Energy company Eni has reached financial close on a major deal with the UK Department of Energy Security and Net Zero (DESNZ) which will see them award around £2 billion in supply chain contracts for their Liverpool Bay Carbon Capture and Storage Project.

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Council starts legal action against Grenfell companies

The Royal Borough of Kensington and Chelsea council has started legal action against companies involved in the refurbishment of Grenfell Tower in which 72 people died in a fire eight years ago.

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News in Brief May 2025

Leaders from 32 conservation organisations have demanded amendments to the proposed Planning and Infrastructure Bill that they say is completely one-sided and “throws environmental protection to the wind”.

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