Building Magazine article on transferred loss
In this month’s Building Magazine, our partner Ian Yule has been discussing the principle of transferred loss.
CVAs and Stays
Can a Creditors Voluntary Arrangement (CVA) lead to a stay in the enforcement of an adjudicator’s decision?
Unravelling judgments – fraud and the courts
Most people will be familiar with the mantra that “fraud unravels all” and that judgments obtained by deploying fraudulent evidence will not be allowed to stand. This was recently put to the test by a 7-member panel in the Supreme Court case of Takhar v Gracefield Developments Limited and others  UKSC 13.
Sorting out the final account
Experienced employers and their advisers will know that a project that is all finished apart from the main contractor’s final account is not finished at all. Discussions on the final account can drag on for months or years.
Discontinuance Costs in Arbitration Appeals
Sections 67 – 69 of the Arbitration Act 1996 (the Act) provide the bases on which an arbitral award may be appealed. In all cases, the bar to a successful challenge is very high. Who pays the costs of the litigation if the appeal is discontinued?
An Exercise in Futility
A party on the receiving end of an adjudication is usually in a difficult position. Its situation is only made worse if the referring party is insolvent.
The money stays where it is
Adjudication decisions – avoiding enforcement where the money may disappear
The new Infrastructure Conditions of Contract (ICC) Target Cost Version
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
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.
NEC4 - Problems for Employers?
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
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
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
Construction partner, Ian Yule, discusses the increasing use of estoppel in construction disputes.
Construction (Design & Management) Regulations 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.
New Part L of the Building Regulations: Clarifying compliance
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..
Real estate: What's on the horizon for 2014 and beyond?
We take a look at the changes that anyone working in real estate can expect to see in 2014.
Site Waste Management Plans revoked in England
The Government has acted on its plan to revoke Site Waste Management Plans (SWMPs) in England, with effect from the 1 December 2013.