Construct.Law - Summer 2021
Welcome to the latest edition of our construction, engineering and projects publication, Construct.Law.
The construction industry is still navigating the concurrent challenges of the COVID-19 pandemic and Brexit. However, the difficulties of the last 12 months may also create opportunities. With this in mind, we feature a number of articles on modern methods of construction, which may finally become more mainstream in the coming years.
The Housing Grants, Construction and Regeneration Act 1996 (as amended) continues to generate new case law. We look at two recent cases, concerning interim payment applications and jurisdictional issues.
The words “Subject to Contract” are often used during negotiations.We review an interesting case in the Technology and Construction Court about the effect of these words. The fiendish complexity of contractual relationships can also cause issues during construction projects. We have a couple of articles considering assignment, novation and how a “black hole” might arise. This should provide a warning to any involved in preparing construction contracts to ‘get the parties right’!
Our Essential Law series also continues, with not one but three articles covering liquidated damages – what are LADS and can they be challenged? There is news of a new regulator for construction products. Finally, there are interesting and varied articles on competition law, expert evidence and residential property developers tax. We hope you enjoy reading this edition of Construct.Law. You may also be interested in our regular podcasts, which are available on Podbean, Apple Podcasts, Spotify and on our website. Recent episodes include practical tips for handover of a successful project and a mock conference with counsel covering insurance claims and delay issues. Please do get in touch if you would like to discuss any of the issues covered by Construct. Law or if there are any topics which you would like us to cover in future editions.
TL4 Fire Starters
Join us for a Festive FIRE Starters evening ahead of FIRE Starters Global Summit with our expert panellists.
Women in Chancery Christmas Celebration
Join us to celebrate the festive season and discuss the busy year we have had.
Patrick Gearon FCIArb
Charles Russell Speechlys Middle East celebrates a double anniversary: building on local roots
As Charles Russell Speechlys Middle East celebrates a double anniversary this year, Patrick Gearon talks to the Oath.
Charles Russell Speechlys advises Guildford Games Developer Community on the launch of Guildford.Games Ltd
Charles Russell Speechlys has advised the Guildford.Games committee, a not-for-profit initiative, on the formation of Guildford.Games Ltd
Alexia Egger Castillo
Inheritance contracts: An unknown planning tool for Brits with assets in Switzerland?
How you choose to dispose of your estate after death requires careful consideration, especially where assets are in multiple jurisdictions
FT Ignites Europe quotes William Garner on the FCA's approach to founder-led firms
"Taking a very strict line on founder-led firms risks undermining the FCA's competition mandate..."
Paula Boast is interviewed by Construction Week on Bahrain's construction industry and how it is moving towards more functional and responsible building
Dissecting Bahrain's construction practices
HR Magazine quotes Nick Hurley on redundancy and employee rights
"Unfortunately the legal remedies for employees in companies that become insolvent are very limited"
Construction News quotes David Savage on the slight rise in construction output in September
"It remains to be seen how the sector reacted in October amid the political turmoil"
How final is a Final Certificate?
A recent Scottish case grappled with the complexities of a smash and grab adjudication.
HR Magazine quotes Nick Hawkins on a pregnancy discrimination case and what companies need to be mindful of
Pregnant worker given parenting tips before sacking wins tribunal case
Court of Appeal decides defective notice to quit not saved by 'Mannai' principles
The Court of Appeal handed down judgment in the second appeal in O G Thomas Amaethyddiath v Turner & Ors  EWCA Civ 1446.
Charles Russell Speechlys wins Best Legal Services: Private Equity – Pan – Africa at the AGF Service Providers Awards 2022
Best Legal Services: Private Equity – Pan – Africa at the AGF Service Providers Awards 2022
“Truss me, I quit!” - 5 Tips to Handle Unexpected Resignations and Post-employment Grievances
Read our guidance for employers on dealing with unexpected and “heat of the moment” resignations
Sarah Jane Boon
The Independent quotes Sarah Jane Boon on the 9.6% divorce increase in 2021
ONS statistics - Divorces in England and Wales: 2021
CDR – Essential Intelligence: The Belt and Road Initiative
Of the BRI nations situated within the Gulf, the UAE stands to be a leader and consolidate itself as the trade hub of the Middle East.
Jurisdictional Challenges in Arbitrations in Qatar
Exploring jurisdictional challenges in arbitrations within the State of Qatar, both under Qatar law and the law of the QFC.
Non-payment: What’s a Contractor to do?
Payments to contractors are widely subjected to extensive delays.
JCT v NEC: Which contract is right for your project?
Unsure of what building contact to use. Learn the difference between NEC and JCT contracts with our guide.
South China Morning Post quotes Simon Green on Hong Kong investment into UK property
“With the increase in energy prices in 2022, this will be something for buyers and homeowners to consider.”