Keyword search Enter keyword Clear [x] The new Infrastructure Conditions of Contract (ICC) Target Cost Version 01-11-2018 In terms of risk, target cost contracts lie between lump sum contracts where the contractor takes most of the risk, and cost-reimbursable contracts, where the contractor is paid its costs plus a fee. The prevention principle and time at large 06-03-2018 Contractors often argue that, because of an employer's interference or act of prevention, the position under a contract is that time has become at large. (Nearly) the end of smash and grab adjudications 28-02-2018 Where an employer has failed to serve a payment or pay less notice, it is still entitled to have an interim payment valued subsequently, in adjudication. NEC4 - Problems for Employers? 07-11-2017 Construction partner Ian Yule looks at the New Engineering Contract 4 and how it will manage the allocation of risk for employers and project managers. Assessing costs under the New Engineering Contract 12-07-2017 Ian Yule, Construction partner at Shoosmiths LLP, discusses forecasts and assessments under the New Engineering Contract (NEC). Don't slip up when challenging a decision 21-05-2017 The 'slip rule' contained in section 108(3A) of the Construction Act allows either party to ask an adjudicator to correct his decision so as to remove a clerical or typographical error arising by accident or omission. The Increasing use of estoppel in Construction Disputes 03-05-2017 Construction partner, Ian Yule, discusses the increasing use of estoppel in construction disputes. Groundhog day 16-03-2015 To what extent can a party to an adjudication object to the other side running the same or similar points to those previously decided? Construction (Design & Management) Regulations 2015 20-02-2015 The CDM Regulations are the principal regulations for managing health, safety & welfare of construction projects and apply to everyone involved in construction and development projects. The new 2015 regulations are due to come into force on 6 April 2015. Set-off in construction contracts 11-12-2014 Managing cash flow is of the utmost importance to parties at all levels in the construction supply chain. One way of seeking to manage cash flow is to use the right of set-off and including a contractual set-off clause can provide significant benefits. 'Good faith' revisited 10-07-2014 Historically, the English courts have been reluctant to recognise a general doctrine of 'good faith' in the performance of contractual obligations, and there is no generally applicable legal definition of the concept. New Part L of the Building Regulations: Clarifying compliance 22-06-2014 The Department for Communities and Local Government has published amendments to Part L of Schedule 1 to the Building Regulations 2010 - and the transitional provisions give rise to a hidden trap for developers entering into development agreements.. Job's a good'un! 18-06-2014 Is a contractor obliged to charge an objectively reasonable rate or price where no rate or price is specified in a building contract? Real estate: What's on the horizon for 2014 and beyond? 22-01-2014 We take a look at the changes that anyone working in real estate can expect to see in 2014. Saving defective notices: when a non-specific letter can be a termination notice 17-12-2013 In Vivergo Fuels Limited v Redhall Engineering Solutions Limited, the Technology and Construction Court found that a letter could constitute a valid notice notifying a breach even if it did not expressly refer to the relevant contractual provisions. Failing to proceed with due diligence: Can this constitute a repudiatory breach of a building contract? 17-12-2013 The Technology and Construction Court examined this issue in Sabic UK Petrochemicals Limited v Punj Lloyd Ltd and Vivergo Fuels Ltd v Redhall Engineering Solutions Ltd, and found in each case that it was not a repudiatory breach on the facts of the case. Site Waste Management Plans revoked in England 12-12-2013 The Government has acted on its plan to revoke Site Waste Management Plans (SWMPs) in England, with effect from the 1 December 2013. Assignment and novation in construction and engineering projects 07-11-2013 It is important to understand the difference between assignment and novation when engaging in construction and engineering projects. 'Proceed with due diligence': What does it mean in construction contracts and development agreements? 16-10-2013 The Technology and Construction Court examined this issue in a recent case - Sabic UK Petrochemicals Limited v Punj Lloyd Limited - and found that the contractor was in breach of the obligation. Competition law compliance: OFT investigates construction training services sector 16-01-2013 The Office of Fair Trading (OFT) has launched an investigation into suspected anti-competitive conduct concerning provision of training services to the construction industry. Adjudicator not entitled to fees for unenforceable decision 05-11-2012 Following a recent Court of Appeal decision, adjudicators must take more care to ensure that their decisions are enforceable. Changes to the Construction Act: implications for construction contracts 10-07-2012 On 1 October 2011 changes to the Housing Grants, Construction and Regeneration Act 1996 will come into force. The changes will apply to any construction contract entered into on or after that date. New payment regime in construction contracts 15-03-2012 An employer must serve a valid withholding notice if it wishes to avoid paying a sum due under a construction contract. Recent changes to the law now mean that failure to serve valid notices may have a detrimental impact on an employer's cash flow. Without prejudice material in adjudication: Apparent bias 20-01-2012 The Technology and Construction Court has reiterated the consequences of parties including 'without prejudice' letters in adjudication proceedings - which may even lead to unenforceable decisions. Copyright in construction projects 19-01-2012 During the course of a construction project, contractors and consultants produce material that will be subject to copyright - documents, photographs, drawings, plans and models.