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Concurrent Delays - fact or fiction?

This article by Richard Silver looks at concurrent delays in building and engineering projects and the approaches identified in Keating on Building Contracts to the issue of causation in circumstances where the parties each allege that the other is responsible for the delay to completion.

Author / Commentator: Richard Silver - Date: 02/04/2013 - To contact Click Here

Employment Law - TUPE

This Article sets out the proposed changes the Government is making with regard to Employment Law - TUPE.

Author / Commentator: Sarah A Shemmings - Date: 01/03/2013 - To contact Click Here

Set-Off - What is this?

This Article explains the subject of "Set off" which is an area that is unfortunately often misunderstood and mis-applied, especially with regard to adjudication.
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Author / Commentator: Michael Gerard - Date: 28/02/2013 - To contact Click Here

Commercial Agreements and VAT - Included or on top?

This article focuses on how important it is to be clear about whether VAT is included in or to be added to a price quoted in an agreement.

Author / Commentator: Nikola Evans, Consultant - Date: 11/02/2013 - To contact Click Here

Construction Contracts: Limitation of Action

This article looks at the limitation periods within which a party must bring about a claim.

Author / Commentator: Michael Gerard, Consultant - Date: 30/01/2013 - To contact Click Here

Pay Now Not Later

This article looks at the Directive relating to late payment of invoices.

Author / Commentator: Sarah A Shemmings - Date: 28/11/2012 - To contact Click Here

Asbestos Update

This article provides an update on the requirements relating to asbestos under the Control of Asbestos Regulations 2012.

Author / Commentator: Sarah A Shemmings, Partner - Date: 05/11/2012 - To contact Click Here

The Court's Power to Review the Validity of a Payment Claim

This case looks at the case between JFC Builders Pte. Ltd v Lioncity Construction Co. Ltd.,[2012] SGHCR 12 a decision of the Singapore High Court on enforcement of an adjudicator's decision and whether it was issued in time.

Author / Commentator: Sarah A Shemmings - Date: 02/10/2012 - To contact Click Here

CPR Part 31 - E-Disclosure (Practice Direction 31b)

As technology continues to evolve, this article looks at the disclosure of electronic documents in litigation and what E-Disclosure actually means.

Author / Commentator: Sarah A. Shemmings, Partner - Date: 20/09/2012 - To contact Click Here

Health & Safety: Corporate Manslaughter

This article looks at prosecutions under The Corporate Manslaughter & Corporate Homicide Act 2007 since it came into force on 6 April 2008.

Author / Commentator: Sarah A. Shemmings, Partner - Date: 17/08/2012 - To contact Click Here

Health & Safety Update

With the recent reporting of the outbreak of legionnaires disease in Scotland, Sarah Shemmings provides a brief update on Health & Safety matters and recent prosecutions by the HSE.

Author / Commentator: Sarah A. Shemmings, Partner - Date: 10/08/2012 - To contact Click Here

Does a Professional owe a Duty of Care in Tort to a Third Party?

This article reviews the case of Arrowhead Capital Finance v KPMG and the duty of care owed by a professional to a third party and whether there had been an assumption of responsibility to that third party.

Author / Commentator: Sarah A Shemmings - Date: 01/08/2012 - To contact Click Here

We're sorry to see you go, but ......

This article looks at the case between Seldon v Clarkson Wright and Jakes (A Partnership), [2012] UKSC 16 which highlights the principles of compulsory retirement to age and age discrimination.

Author / Commentator: Sarah A Shemmings - Date: 31/07/2012 - To contact Click Here

Part 36 Offers to settle

This article looks at the recent case of Ted Baker Plc & Other -v- AXA Insurance Plc & Others [2012] EWHC 1779 (Comm) and the consequence of Part 36 Offers to settle

Author / Commentator: Sarah A. Shemmings, Partner - Date: 30/07/2012 - To contact Click Here

Privileged?

A review of the Walter Lily case relating to work carried out by Construction Claims Consultants and whether their advice is covered by legal privilege.

Author / Commentator: Robert Shawyer, Partner - Date: 01/05/2012 - To contact Click Here

Adjudication - More Than One Dispute?

This Article highlights the case between Witney Town Council v Beam Construction (Cheltenham) Ltd

Author / Commentator: Michael Rowlinson - Date: 19/03/2012 - To contact Click Here

Another Frolic

This article highlights the need for the Claimant to demonstrate to the Court that the Adjudicator's decision is correct in order to allow enforcement.

Author / Commentator: Sarah A Shemmings - Date: 14/03/2012 - To contact Click Here

Fit for Purpose by Default

This Article highlights a case where both parties had no written contract.

Author / Commentator: Robert Shawyer - Date: 14/03/2012 - To contact Click Here

Breach of Natural Justice is not Bad Faith

This Article focuses on a case where the Adjudicator's fees were being contested.

Author / Commentator: Robert Shawyer, Partner - Date: 14/03/2012 - To contact Click Here

The Construction Act Amendments - A Slip too Far?

This Article focuses on Adjudication decisions and amending errors.

Author / Commentator: Robert Shawyer, Partner - Date: 14/03/2012 - To contact Click Here

No entitlement to damages for breach of land swap agreement, but ... failure to provide adequate alternative site was a breach

This Article focuses on making sure a contract is properly drafted and adequately reflects the parties' intentions.

Author / Commentator: Sarah Shemmigs, Partner - Date: 30/11/2011 - To contact Click Here

Coming of Age

''Coming of Age'' is an article on age discrimination written by Anthony Philpott, Consultant with Silver Shemmings LLP. This article has been published in the Solicitors Journal (SJ 155/40 25 October 2011)

Author / Commentator: Anthony Philpott, Consultant - Date: 01/11/2011 - To contact Click Here

*October 2011* Construction Act Amendments - Implications for Construction Contracts

October 1st 2011 saw the proposed changes to the Construction Act come into force. This is our review of the Construction Act and what implications these changes will have on construction contracts.

Author / Commentator: Nikola Evans, Consultant - Date: 03/10/2011 - To contact Click Here

An Age Old Problem

This Article by Anthony Philpott, Consultant, looks at the new anti-age discrimination legislation used to respond to the hitherto silent discrimination that has been felt by many older people in the workplace

Author / Commentator: Anthony Philpott, Consultant - Date: 18/07/2011 - To contact Click Here

Will the recent European Court of Justice ruling in the 'Nussbaumer' case cause any changes to CDM 2007?

This Article focuses on when the European Court of Justice questioned Member States on the implementation of the Council Directive 1992/57/EEC (the implementation of minimum safety and health requirements at temporary or mobile construction sites)

Author / Commentator: Paul Gray - Date: 31/03/2011 - To contact Click Here

The HSE & BCA (Building Control Alliance) Agreement

This Article focuses on the Health and Safety Executive Construction Division (HSE) and the Building Control Alliance (BCA) recently signed an agreement which establishes that they will work together in England and Wales to promote and encourage improved standards of health and safety.

Author / Commentator: Paul Gray - Date: 01/01/2011 - To contact Click Here

QUAKING IN THEIR BOOTS

This Article focuses on that an alleged threat of violence or one capable of causing another person to fear their own life or safety will not amount to repudiation of the Contract. Nor will it be sufficient to detract from the true cause of the dispute and breach of contract.

Author / Commentator: Scott Milner - Date: 12/12/2010 - To contact Click Here

North - Alleged Defect under NEC 3: Call off the search and save yourself (and your money)!

This Article highlights a recent matter when a Contractor did not initially allege a Defect existed in the Subcontract works or request the Subcontractor to look for one. On the contrary, the Contractor took it upon itself to search for a Defect in the Subcontractor's works.........

Author / Commentator: Scott Milner - Date: 11/11/2010 - To contact Click Here

Red, Amber and Green Lists for Design Associated with CDM 2007

This Article focuses on if you influence, dictate or make design decisions that will affect constructing, cleaning, maintaining, dismantling, demolishing or using as a workplace for a construction project then you will attract some designer duties under CDM 2007.

Author / Commentator: Paul Gray - Date: 01/11/2010 - To contact Click Here

Contractor's Duty to consult Union over Redundancies

When does the Employer get out of having to consult with the workforce?
Answer: very rarely

An Employment Tribunal had held that the appellant, Shanahan Engineering, had been in breach of its duty to consult trade union representatives when it proposed to make more than 20 redundancies

Author / Commentator: Anthony Philpott - Date: 14/05/2010 - To contact Click Here

Dead End

This article looks at the recent case of FoodCo. UK LLP (t/a Muffin Break), Caskade Caterers Limited (t/a KFC), Panesar
Enterprise Limited (t/a Burger King) and others v Henry Boot Developments Ltd., [2010] EWHC 358 (Ch) and the issue of fraudulent misrepresentation.

Author / Commentator: Sarah Shemmings - Date: 30/04/2010 - To contact Click Here

POTENTIAL HSE REVIEW OF THE CDM REGULATIONS 2007

This article looks at the potential HSE review of the CDM Regulations 2007.

Author / Commentator: Paul Gray - Date: 29/04/2010 - To contact Click Here

It all makes Road Sense

What should a driving at work policy cover? This article looks at employers' duties under the Heath & Safety at Work etc Act 1974 where driving is a regular part of an employee's job.

Author / Commentator: Sarah Shemmings - Date: 22/04/2010 - To contact Click Here

New house, new code, no complaints?

The Code came into force on 1 April 2010 following a review of the house building industry. The purpose of the Code is to ensure that buyers are treated fairly and that they know what service levels to expect.

Author / Commentator: Sarah Shemmings - Date: 21/04/2010 - To contact Click Here

One Man's Meat is Another Man's Poison

A number of contractors invited to tender for a £320m waste disposal project in the UK.

Author / Commentator: Sarah Shemmings - Date: 21/04/2010 - To contact Click Here

YOU CAN'T WRIGGLE OUT OF IT .....

Companies registered in Jersey face adjudication proceedings for fees which allegedly were outstanding.

Author / Commentator: Sarah Shemmings - Date: 21/04/2010 - To contact Click Here

How do you stop an Adjudcation?

The Housing Grants, Construction and Regeneration Act 1996 ("the Act") gives a Party to a Contract that falls within the ambit of the Act a Statutory right, under s108 to refer a dispute to adjudication and under s108(2)(a) this can be at any time.

Author / Commentator: Sarah Shemmings - Date: 31/03/2010 - To contact Click Here

Is Negligence different from Breach of Statutory Duty - Liability for injury?

The question of liability for the injury to a plant operator was recently considered when Mr Jose, a mobile crane operator, claimed against MacSalvors (Plant Hire) Ltd (MPH).

Author / Commentator: Robert Shawyer - Date: 31/03/2010 - To contact Click Here

Say what you mean

This case is a useful reminder to those who draft contract amendments to standard forms of contract that they should always be kept under review to ensure that law changes are incorporated into those contracts.

Author / Commentator: Sarah Shemmings - Date: 31/03/2010 - To contact Click Here

Options C & D of the NEC - You have been warned

This short article is on the Engineering and Construction Contract, better known as the NEC, which is a popular form of contract. This form has six main Options two of which, Options C and D, are Target Contracts.

Author / Commentator: Richard Silver - Date: 31/03/2010 - To contact Click Here

Reflections on Adjudicators' Decisions

Adjudication by its very nature is an inherently "rough and ready" process, with errors being made by Adjudicators. Where such errors do occur sometimes the Adjudicator will agree to correct a slip in his Decision, sometimes he will not.

Author / Commentator: Richard Silver - Date: 31/03/2010 - To contact Click Here

Passing off - International Intellectual Property Rights

Commercial rights may sit with a party that has registered intellectual property rights. However if they have not they may rely upon the implied right of passing off since they own the goodwill (for example the 'brand name') and as be protected from 'rip-offs'.

Author / Commentator: Robert Shawyer - Date: 31/03/2010 - To contact Click Here

Adjudication, convenience and the word 'may' - refusing injunctions

To many the idea of stopping adjudication or rather seeking to prevent it is irrational. Why would parties not want to use what is usually a cheaper option than say Arbitration or Litigation? Well in the case of Ericsson AB v EADS Defence and Security Systems Ltd 22 October 2009 [

Author / Commentator: Robert Shawyer - Date: 31/03/2010 - To contact Click Here

Offer and Acceptance - a 'Balancing Act'

The need for precise wording of all agreements is important, including settlement of claims.

Author / Commentator: Richard Silver - Date: 31/03/2010 - To contact Click Here

Beware of the PFI Risks!

In the current economic climate the opportunity to undertake public sector infrastructure work provides many contractors with a welcome boost to their revenues. Although the availability of PFI work has slowed down, there is still plenty of opportunity for Contractors to get involved in ..

Author / Commentator: Matthew Dillon - Date: 31/03/2010 - To contact Click Here

Council liable under the Party Wall Act for the collapse of house

Crowley claimed a contribution under section 1(1) of the Civil Liability (Contribution) Act 1978 from the defendant council in connection with the settlement of the main action in which the council was the first defendant and Crowley the second.

Author / Commentator: Matthew Dillon - Date: 31/03/2010 - To contact Click Here

Court gives guidance on obtaining Judgment in default on Adjudication Enforcement Proceedings

Coventry Scaffolding (CS was successful in its adjudication against Lancsville and sought to enforce the award. The parties' dispute concerned the provision of scaffolding for works being undertaken at Peel House in London.

Author / Commentator: Richard Silver - Date: 31/03/2010 - To contact Click Here

Distributor failed to use 'Reasonable endeavours' to market and sell cladding products

CEP claimed damages for alleged breaches of an Exclusive Distributor Agreement (EDA) by which CEP was appointed as exclusive distributor for certain of Steni's products in the UK and Eire

Author / Commentator: Richard Silver - Date: 31/03/2010 - To contact Click Here

Abandoned or uncollected goods

Despite provisions requiring tenants to leave premises in a clean and clear state, it is not unusual that some goods or items are left behind as in the case of Robot Arenas Ltd v Waterfield & Others [2010]EWHC 115.

Author / Commentator: Sarah Shemmings - Date: 29/03/2010 - To contact Click Here

You can have smoke without fire - global claims

Adjudicator gives a sum of money for loss and expense on the basis of 'they must be entitled to something'. Why?

Author / Commentator: Robert Shawyer - Date: 03/03/2010 - To contact Click Here

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