Avsnitt
-
In this episode, Anne Thompson and Tim Atwood look at the recent TCC decision of Providence Building Services Limited v Hexagon Housing Association Limited [2023] EWHC 2965 and the meaning of the JCT termination provisions for repeated breach. They also look at the practical steps parties can take to protect themselves.
The episode focuses on:
The key JCT clauses on repeated breachesThe key facts from this caseWhat the court consideredWhat the impact is for employers and contractors alike and what steps they can takeThe possibility that it is all going to change again in the Court of AppealYou can also find out more by reading Tim's article on termination for repeated breach and late payment under the JCT.
-
In this conversation between Emma Hutchinson, Aimie Farmer, Gregor Woods and Ellie Black, we discuss the ongoing impact of Reinforced Autoclaved Aerated Concrete (“RAAC”).
The discussion covers the health and safety considerations of having RAAC in a property, who RAAC claims could be brought against and what practical steps can be taken to mitigate against the risk of RAAC.
This episode covers:
The impact of RAACHealth and safety considerations of RAACWhat RAAC means for landlords and tenants and who is liablePossible claims brought against employers, occupiers and landlordsWhat mitigating measures can affected parties take -
Saknas det avsnitt?
-
In our latest episode Conor Rodgers and Jane Fender-Allison, both of CMS’ ICE Disputes team, discuss what you need to know about "smash and grab" adjudications.
They recap what they are, what their counter true value adjudications are and what the latest case law tells us.
In short, that case law now means paying parties in construction contracts have to be extra vigilant in meeting their obligations around payment and notices under the Construction Act regime, or face tight restrictions on when they can start a true value adjudication.
Topics of discussion include:
What is a “smash and grab” adjudication?What is a “true value” adjudication – a key way for a paying party to recover from a smash and grab and restore the parties’ underlying entitlementsWhat has the position been on when a true value adjudication can be kicked off?What the latest case law tells us – how an immediate payment obligation arises once there is a notified sum, even if a smash and grab adjudication has not been raised; and the court’s view on whether a “genuine dispute” on payment notices allows a true value adjudication to be started in the absence of paymentFour key points to remember about when a true value adjudication can be startedTo read more on this please see CMS’ update here: Smash and grab” vs “true value” adjudications: where are we now? (cms-lawnow.com)
-
Podcast number 18 forms part of a mini series on the Building Safety Act and takes the format of a discussion between Frances Gordon-Weeks of CMS and Wen Jin Teh of Keating Chambers.
Key points to consider are:
Changes brought in by the Defective Premises ActChanges brought in by section 38 Building ActTo read more about the Building Safety Act, please see CMS’ updates here:
Building Safety Act 2022: overview and commencement (cms-lawnow.com)
Building Safety Act 2022: a shift in the liability landscape (cms-lawnow.com)
Building Safety Act 2022: the new approvals regime for higher-risk buildings (cms-lawnow.com)
Building Safety Act 2022: implications for leaseholders and the cost of making buildings safe (cms-lawnow.com)
The Fire Safety (England) Regulations 2022 (cms-lawnow.com)
Building Safety Act Register opens next month: a step-by-step guide to (cms-lawnow.com)
-
In this episode, Anne Thompson and Emma Hutchinson review key cases on termination in 2022, focusing in particular on the JCT 2016 form of contract.
This episode gives guidance to employers to help them understand the risks and pitfalls that arise if they deviate from the contract wording on termination.
We cover:
where and how to serve notices of terminationwho has to serve the noticeswhen the notices have to be servedwhat those notices should contain, andwhat happens if an employer gets a termination notice wrongTo read more about the decisions, please see links to the judgments below:
Struthers & Anor v Davies (t/a Alistair Davies Building) & Anor [2022] EWHC 333 (TCC) accessible: https://www.bailii.org/ew/cases/EWHC/TCC/2022/333.htmlThomas Barnes & Sons Plc v Blackburn with Darwen Borough Council [2022] EWHC 2598 (TCC) accessible: https://www.bailii.org/ew/cases/EWHC/TCC/2022/2598.htmlManor Co Living Ltd v RY Construction Ltd [2022] EWHC 2715 (TCC) accessible: https://www.bailii.org/ew/cases/EWHC/TCC/2022/2715.html -
In this episode we hear from David Wileman, a delay expert from Diales on the key principles of delay in construction projects (including notices, causation, concurrency and records) as well as a discussion on common mistakes by contractors and top tips for handling delay claims.
-
This episode is the second of a two-part podcast looking at equality, diversity and inclusion in the construction industry. In this part two, Rae Avatar Barnett Head of People (Europe) and Sade Peters Legal Business Unit Leader for the Specialist Trading Business Group speak about their involvement in and experience of the steps international engineering and construction company, Laing O'Rourke, are taking to attract a more diverse and workforce and become a more inclusive employer, at both an organizational and an individual level.
-
This episode is the first of a two-part podcast on the theme of equality, diversity and inclusion in the construction industry. Statistics indicate a significant lack of diversity across the industry workforce. This is particularly problematic against the backdrop of an anticipated longer-term skills shortage when the sector needs to attract new talent. In part one Catriona Aldridge from the CMS employment team outlines key elements of the UK law on discrimination in the workplace, as avoiding discrimination is fundamental for any employer looking to attract a more diverse workforce. We'll be following up in part two with a look at diversity & inclusion in action with international engineering and construction company, Laing O'Rourke.
-
Podcast No.13 in the CMS Building Voices series considers a recent decision of the Scottish Courts, in which enforcement of an Adjudicator’s decision was successfully resisted on grounds of material breach of natural justice. In the matter of Van Oord UK Limited v Dragados UK Limited, the Court of Session refused enforcement on grounds that the Adjudicator’s decision had materially departed from the parties’ submissions and consequently deprived Dragados of an argument that could have altered the outcome.
While considering why Dragados was able to successfully resist enforcement on this occasion, the podcast also serves as a healthy reminder that courts are typically reluctant to do so.
To read more about the decision, please see the judgment here and our recent article here.
-
Podcast number 12 in the CMS ICE Disputes Building Voices podcast series is a discussion in Spanish between Colin Johnson and Michael Laming of HKA, and Robin Wood and Joaquín Gotor of CMS. They discuss quantum, specifically: quantifying damages and losses. When facing a breach of contract claim, what can the aggrieved party claim? Claims for loss of profit, loss of opportunity and loss of value may seem difficult, however, with the correct, surgical approach, they may prove very effective. Colin Johnson, a partner at HKA London, and Michael Laming, an associate director, discuss their experience with: loss of value;loss of opportunity; andloss of profit claims. Join our speakers for tips based on previous experience with these claims.
-
Podcast number 11 in the CMS ICE Disputes Building Voices podcast series is a review of the recent changes to witness statements coming from Practice Direction 57AC and in particular the guidance given in Blue Manchester Ltd V BUG-Alu Technic GmbH [2021] EWHC 3095 (TCC), one of the first cases to look at the changes and requirements of the new Practice Direction in detail. This Practice Direction and the case are important for anyone involved in the process of witness statements, either taking them or giving them.
The podcast covers:
the six key principles to take away from the case;the new limited role of documents in witness statements;the approach of the judge in Blue Manchester Ltd V BUG-Alu Technic GmbH; andkey practical tips to make taking witness statements as smooth as possible.To read more about the decision please see the judgment in Blue Manchester V BUG-Alu Technic here.
The case of Mansion Place Ltd v Fox Industrial Services Ltd is also recommended, with the judgment accessible here.
-
In the latest episode, we review the recent TCC decision in Downs Road Development v Laxmanbhai Construction which is the first to consider the subjective requirement for a valid payment notice under the Construction Act. This case is important for anyone involved in payment under construction contracts, looking in depth at the payment regime within the Construction Act and focusing in particular on the requirement for an issuing party to have a genuine belief in the sum stated as due.
The podcast covers:
a recap of statutory requirements for payment notices under the Construction Act;the Downs Road decision – the need for a genuine belief in the sum considered to be due;why this is different to previous cases;what parties need to do now; andthe implications going forward.Episode ten is available to listen to here. You can listen to all episodes in the Building Voices podcast series here.
-
In particular, they discuss the 2020 ICSID tribunal decision of Staur Eiendom AS, EBO Invest AS & Roxy Holding AS v Republic of Latvia. This decision, although not itself related to the COVID-19 pandemic, is very relevant to the economic upheaval wrought by the pandemic and the consequent reappraisal of many infrastructure projects across the globe.
The podcast provides a preview to the CMS Annual Review of English Construction Law Developments 2021.
-
Podcast number 8 in the CMS ICE Disputes Building Voices podcast series is a discussion with Shona Frame, a partner in the CMS ICE Disputes team and Duncan Turner, a partner in the CMS Technology and Data team about technology and data in construction disputes. We consider the increasing amounts of data being generated by technologies on construction site, the implications for parties to a project and what that means in a dispute, including:
why we’re looking at technology and data in construction disputes now;key data management and data protection issues arising;the benefits in having a “data strategy”;how parties in a dispute can make best use of data arising from technology;what this means for future skills required in the construction industry. -
Podcast number 7 in the CMS ICE Disputes Building Voices podcast series is a discussion with Simon Hale following his successful action in resisting an injunction in the Commercial Court to restrain a USD 32.2m bond call pending ICC Emergency Arbitration Proceedings. Topics of discussion include:
A review of the parties’ positions including whether the question of whether it is appropriate to grant injunctive relief is ultimately one for the emergency arbitrator;Why the Court decided in Yumn’s favour; andInterim relief under section 44 of the Arbitration Act.To read more about the decision please see the following updates:
Simon’s update here: Simon Hale succeeds in the Commercial Court on USD 32.2M Performance Bond Call - 4 Pump CourtCMS’ LawNow post here: Challenging bond calls on international projects: English courts vs Emergency Arbitrators (cms-lawnow.com) -
Podcast number 6 in the CMS ICE Disputes Building Voices podcast series is a discussion between Marcus Taverner QC and Rebecca Taverner about advocacy.
Marcus Taverner QC, a barrister at Keating Chambers, shares his views on what makes a good advocate, including:
Good and bad advocacy; Different approaches to advocacy; andCommon characteristics of good advocates. -
Podcast number 5 in the CMS ICE Disputes Building Voices podcast series focuses on the early identification and management of disputes and, specifically, the use of mediation as an alternative form of dispute resolution. Shona Frame, a Partner in the ICE Disputes team, and Jane Fender-Allison, a Senior Associate in the ICE Disputes team, discuss the importance of mediation and what it can offer to parties involved in a dispute, including:
What is mediation and recent developments;Why should the construction industry be interested in mediation; andHow parties to a dispute can use mediation most effectively. -
Podcast number 4 in the CMS ICE Disputes Building Voices podcast series is a whistle-stop tour of disputes avoidance issues in the construction and infrastructure sectors. Sarah Grenfell, a Partner in the ICE Disputes team, brings her many years of experience to consider key topics of discussion including:
The importance of keeping records;Factors that are most likely to cause conflict on projects; andEarly case evaluation/management.The podcast follows on from a seminar on the same topic, presented by Sarah and HKA earlier this year. For more information on the seminar please following this link: Disputes avoidance in the construction and infrastructure sectors – anticipating, preparing, protecting | HKA
-
In the third episode of the CMS ICE Disputes Building Voices podcast series we consider the recent TCC case of Westminster City Council v Sports and Leisure Management Ltd. The case concerns the interpretation of a change in law clause and the meaning of the phrase “reasonably agreed between the parties”. During this podcast we discuss the Court’s decision and the implications of the decision on our construction clients – a key takeaway is that making a change of law clause parasitic on other provisions is likely to cause difficulties. The case also serves as a useful reminder for all parties to carefully review contracts with pandemic restrictions in mind.
-
Following a turbulent year of pandemic restrictions and market uncertainty, in this second podcast in the Building Voices series, Frances Gordon-Weeks hosts a discussion focused on the key legal and commercial issues likely to impact contractors in 2021. Guests include industry experts from across CMS. The following topics are considered:
The Fire Safety Bill and the key takeaways for those working in the construction industry following the implementation of the bill later this year;The UK’s exit from the European Union and how this will impact the Construction industry from an employment perspective; and Recent technological advancements and how the construction industry can benefit from these innovations. - Visa fler