Construction
In the face of lengthy and voluminous documentation with inter-relating provisions, guarantees, indemnities and warranties, we understand that you need effective and experienced legal representation to help you deliver your projects on time (or, when necessary, pursue or defend any claims arising).
Large-scale construction projects bring together many partners (often operating to demanding timescales) with a number of legal challenges and considerations in the way of their critical path.
Working alongside you and taking time to understand your commercial objectives and priorities, our experienced solicitors can help ease administrative burden and provide you with the clear, practical advice you need to ensure that your project runs smoothly and to schedule.
For times when projects haven’t gone to plan, look to our team to help you identify, pursue or defend any disputed or litigated claim or action and guide you through alternative options and achieve your desired outcome.
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Hicalife Developments Limited
The advice received has always been prompt, clear and helpful in resolving the matters at hand. The team demonstrate a thorough understanding of the legal aspects of building contracts and related issues.
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‘Smash and grab’ adjudications and recovery of costs
Two recent cases have considered a number of issues in relation to 'smash and grab' adjudications and the recovery of costs in construction contracts, so it's important to consider their implications if you're involved in the construction industry. Martin Collingwood, the firm’s head of construction law, has …
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What happens when the liquidated damages end?
The question of whether liquidated damages can be claimed after termination is relevant in the current climate, where contracts are often terminated following contractor insolvency, among other things. Recently I commented upon the case of GPP Big Field LLP v Solar EPC Solutions which concerned the recovery of liquidated damages …
MoreContract law update: Do liquidated damages clauses amount to unenforceable penalties?
Case background In GPP Big Field LLP & Another –v- Solar EPC Solutions SL, GPP engaged a contractor, Prosolia UK, on five separate EPC contracts for solar power generation plants in the UK. Each contract allowed for liquidated damages in the event of the contractor's failure to achieve the …
MoreCourt of Appeal confirms the death of knell of smash and grab adjudications
Earlier this year, I reported on the significant judgment of Grove Developments Limited v. S&T (UK) Limited where Mr Justice Coulson had left a significant legacy in the Technology & Construction Court (TCC) before his elevation to the Court of Appeal. His judgment confirmed that a party does …
MoreContract Law: varying the law of variations
The recent case of Rock Advertising v MWB Business Exchange Centres Limited [2018] confirmed that a contract containing a no oral modification (NOM) clause cannot be amended orally. It also raised the question of how contracts are varied and what is the variation, says Martin Collingwood At its most basic …
MoreRock solid: No oral variation clauses
In the recent case of Rock Advertising Ltd v. MWB Business Exchange Centres Limited [2018],the Supreme Court handed down its much anticipated judgment and concluded that a contract containing a no oral modification (NOM) clause, which states it may only be amended in writing, cannot be amended orally. In …
MoreIR35 update: recent rulings highlight complex rules governing contractors
Earlier this year, the decision in Christa Ackroyd Media Ltd vs HMRC was published. It was notable not only for being the first in a long line of cases which HMRC is reportedly bringing against former BBC presenters, but also because it was the first "IR35" case that HMRC had …
MoreConstruction Contracts: Issues and trends
2016 and 2017 have seen developments concerning two of the UK’s major forms of construction contracts. Our head of construction, Martin Collingwood, considers the implications for industry. Amendments to the JCT suite of contracts The Joint Contracts Tribunal (JCT) began to publish an updated suite of contract documents in …
MorePre-Action Construction Dispute Mechanism Revised
The Pre-Action Protocol for Construction and Engineering Disputes (the "Protocol") made its appearance some 16 years ago and has now been revised following a wide consultation. The Protocol applies to all construction and engineering disputes (including professional negligence claims) although there are some exceptions to its applicability. The key …
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