Infra.law - Autumn 2020
Welcome to the Autumn edition of our construction and infrastructure publication, Infra.Law.
Whilst COVID-19 continues to impact our personal and professional lives and the news cycles are dominated by COVID-19 stories, the UK courts have handed down a number of recent judgments which are not related to COVID-19 but may well have a significant impact on the construction and infrastructure industry. Our Summer edition of Construct.law considered the implications of the Supreme Court’s decision in the Bresco case, whilst this edition of Infra.Law looks at the courts’ decisions on the meaning of “design life” in construction contracts, the interpretation of indemnity provisions in sale and purchase agreements and the importance of clear and unambiguous wording in vesting certificates.
Paul Henty considers the implications of the Boohoo scandal and the Modern Slavery Act on the construction industry, whilst Niel Coertse and Glenn Bull consider the implications of termination for convenience clauses in Qatar and decennial liability in the Middle East respectively. Finally, the publication considers issues around apparent bias in arbitrations where arbitrators, experts and counsel have acted previously for the same clients and the need to disclose potential conflicts of interest.
We hope you enjoy reading this edition of Infra.Law. Please get in touch if you would like to discuss any of the topics detailed within, or if there are any topics that you would like to read about in future editions.
Construction & Infrastructure Seminar
Experts will give insights and analysis on Building & Fire Safety, Case law updates and global supply shortages.
Charles Russell Speechlys advises shareholders of eCommonSense on sale to ECI Software Solutions
eCommonSense is a technology solutions provider focused on the construction and building materials supply sectors.
Examining the draft RPDT legislation
Helen Coward considers the important aspects of the draft legislation for the new residential property developer tax.
Property Patter: Dealing with Sporting Rights over Land
Sporting rights can cause issues particularly if they are granted over land which may be developed in the future.
Charles Russell Speechlys advises Silbury Finance on a £55m facility to a Jersey unit trust
Silbury provides real estate development finance for professional developers seeking to acquire and build in the UK.
Who will carry the risk? Professional indemnity crisis in construction
The UK government announced details of its ban on the use of combustible materials on high rise buildings.
Charles Russell Speechlys acts for Cmostores Group Limited on its acquisition of JTM Plumbing Limited
CMO Group Plc, UK’s largest pureplay online retailer of building materials which recently listed on AIM.
The role of IFCs in the post-Brexit environment
International Financial Centres (“IFCs”), are now on a level playing field with the UK when approaching the EU market.
It was another exciting year at the Arabian & African Hotel Investment Conference (AHIC) .
Charles Russell Speechlys advises the founders of Compandben on the sale of the business to TopSource Worldwide
Compandben is one of the longest established international providers of employment solutions.
Construction Update on Building Safety and the Golden Thread
Find out about the construction update on Building Safety and the Golden Thread.
David Savage quoted by Construction News on VAT refunds under the reverse charge system
HMRC is set to compensate some construction firms for delays to reverse-charge VAT scheme repayments.
Paula Boast, Glenn Bull, Anna Hackworth and Sarah Alaiwat write for CDR - Essential Intelligence: The Belt and Road Initiative
A useful reference for BI disputes in project finance, investment and construction.
Residential property developer tax: Draft legislation published and technical consultation launched
While a number of important issues have been addressed in the legislation, there is still a lot outstanding.
Strategic Planning for Modern Landed Estates
The second in our series of articles on succession planning for landed estates covering a wide variety of matters.
Andrew Keeley quoted by Construction Law on the Government’s latest National Construction & Infrastructure Pipeline
The latest Construction & Infrastructure Pipeline details planned procurements and represents the highest level of investment ever.
When can you set off claims against different elements of a project
The Court’s decision raises important drafting considerations for construction contracts involving multiple elements of a project.
Drafting terms and conditions or negotiating a contract? Be wary of "unusual" and "exorbitant" exclusion clauses
When drafting a set of terms and conditions, companies must adhere to the requirements contained in the Unfair Contract Terms Act 1977
Stop, collaborate and listen: Top 10 Tips with Collaboration Agreements
Providing you with the top ten tips on collaboration agreements - what should you know?
Patrick Gearon FCIArb
Patrick Gearon and Haleema Wahid write for The Oath on the rise of litigation
Patrick and Haleema consider some of the litigation funding options available in the UAE, with a particular emphasis on third-party funding.