Planning for COVID-19 Site Closures

At the date of writing, the official advice from Robert Jenrick, the Secretary of State for Housing, Communities and Local Government, is that individuals working on construction sites can continue to do so but must follow Public Health England’s guidance […]

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COVID-19 or “Coronavirus” – Force Majeure, Frustration and Cash-Flow Considerations

Earlier this month we published a bulletin considering the potential implications of COVID-19 on construction companies and how to mitigate them. Since then, the Government has advised widespread social distancing and self-isolation; including the recommendation that entire households should self-isolate […]

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Hybrid Construction Contracts: Guidance from the Court of Appeal

In the recent case of C Spencer Limited v MW High Tech Projects UK Limited, the Court of Appeal considered whether, in the case of a hybrid contract (one which provides for both “construction operations” and “non-construction operations” within the […]

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Further expansion for Hawkswell Kilvington with appointment of Matthew Shotton

We are delighted to welcome Matthew Shotton to the Hawkswell Kilvington team. Matthew joins as an Associate, with his focus being on resolving complex construction disputes through adjudication, litigation, arbitration and mediation. Matthew is a fantastic hire for the firm, […]

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Fire Safety Reforms 2020 – Criminal Sanctions and Name and Shame

New fire safety reforms unveiled on 20 January 2020 are a clear indication of where the Government’s focus remains going into the new decade. The Housing Secretary has promised “the biggest change in building safety for a generation” and warned […]

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COVID-19 or “Coronavirus” – The Likely Effects on your Company and How Best to Mitigate them

The impact of the COVID-19, or Coronavirus, outbreak has been felt by businesses at every corner of the globe and the UK construction industry is far from immune. With the recent announcement from Public Health England that widespread transmission of […]

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Indemnity Costs Orders – Guidance from the Court of Appeal

In the case of Lejonvarn v Burgess & Anr the Court of Appeal considered whether a claimant’s conduct during litigation, including its “haphazard and spray gun” case, justified an award for indemnity costs to the defendant. Background The defendant, an […]

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What Amounts to ‘Reasonable Endeavours’?

In contrast to a ‘best endeavours’ obligation, a contractual obligation to use ‘reasonable endeavours’ will generally only require a party to take one of a number of reasonable courses of action in order to discharge the obligation. In addition, a […]

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Will the TCC Interfere in Ongoing Adjudications?

In the case of Billingford Holdings Ltd & BFL Trade Ltd v SMC Building Solutions Ltd and another [2019], the court rejected an urgent application for injunctive relief attempting to prevent an adjudicator and the other party to an adjudication […]

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Is Payment Required for the Vesting of Materials Under a Vesting Certificate?

In the recent case of VVB M&E Group Limited & Anor v Optilan (UK) Limited, the court considered the terms of two ambiguously worded vesting certificates to determine whether ownership of materials had vested in the transferee. Background In 2015, […]

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