Contractor’s Liability for Design In SSE Generation Ltd (“SSE”) v Hochtief Solutions AG (“Hochtief”) the Inner House of the Court of Session in Scotland considered the liability arising out of the collapse of a tunnel at a hydro-electric scheme. Although […]

Adjudication, Enforcement, Payment and Winding-Up Petitions This update considers the case of Victory House General Partner Limited, Re a Company [2018] EWHC 1143 (Ch), in which an application to restrain a winding-up petition was made following an un-paid, and enforced, […]

The issues surrounding the enforcement of ‘No Oral Modifications’ (“NOM”) clauses has arisen yet again. It would appear however that it has now been finally determined. In our article in June 2016, we considered the effect of Globe Motors Inc […]

Beneficiaries of on demand performance bonds enjoy the security of not being required to prove any loss before demanding payment. However, the two recent Scottish Court of Session cases of East Ayrshire Council v Zurich PLC and South Lanarkshire Council […]

The Construction (Design and Management) Regulations 2015 (“CDM 2015”) come into force on 6 April 2015. With effect from that date, the current Construction (Design and Management) Regulations 2007 (“CDM 2007”) are being repealed and will no longer apply. It […]

Construction contracts allocate risk and liability between the parties involved in a construction project. A party accepting a risk may choose (or may be contractually required) to cover its liability with insurance. As well as protecting the party that takes […]

Mediation is a flexible and confidential form of alternative dispute resolution (ADR) and is now considered to be the primary method of ADR. It is most commonly used to contain conflicts or to resolve disputes and is less litigious than […]

From a legal perspective, choosing to terminate a construction contract can be an extremely risky course of action. Terminating parties often make basic mistakes which can lead to costly disputes. In this bulletin, we outline some of the key points […]

Do you understand the legal implications of entering into a Letter of Intent? Letters of Intent (“LOI”) are commonly used within the construction industry to enable works to commence before detailed contract terms are agreed. Whilst LOIs can be beneficial, […]

What are your contractual rights when adverse weather delays your works? How can you maximise your entitlement to additional time and cost? It is almost inevitable that adverse weather conditions will affect the progress of construction projects during the winter. […]