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Tue May 22 2018

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Construction Law Updates

No profit in termination

No profit in termination

8 May 2018: Contract termination is a messy business. Mark Clinton, head of construction at Irwin Mitchell, reports. more »

Adjudication enforcement: Plugging the gap or opening the floodgates?

Adjudication enforcement: Plugging the gap or opening the floodgates?

10 Apr 2018: David Skelton explores a couple of recent judgments with potential implications for adjudication rulings more »

Employer can adjudicate true value of an interim application

Employer can adjudicate true value of an interim application

6 Mar 2018: Is this the end of ‘smash and grab’ adjudications? Abiola Aderibigbe reports more »

Adjudicators' room for manoeurvre

Adjudicators' room for manoeurvre

8 Feb 2018: A recent judgment has upheld an adjudicator’s right to reach an alternative interpretation. Lawyer Mark Clinton explains the implications. more »

Lorry loading must be planned, court says

Lorry loading must be planned, court says

23 Jan 2018: A £40,000 fine handed down to a scaffolding contractor serves as a reminder that even the simple act of loading up a lorry must, by law, be properly planned. more »

Aldous bill passes first hurdle

Aldous bill passes first hurdle

12 Jan 2018: Proposed legislation to amend the Construction Act to protect retention monies will get its second reading in the House of Commons on 27th April. more »

Cash retentions bill gets industry backing

Cash retentions bill gets industry backing

6 Dec 2017: Three industry associations have thrown their weight behind a backbench MP’s attempt to reform construction’s use of cash retentions, despite it being unlikely to succeed. more »

Interserve wins waste plant sacking dispute

Interserve wins waste plant sacking dispute

3 Nov 2017: A judge has ruled in Interserve’s favour in a dispute over its sacking from a waste to energy plant project in 2015. more »

No common law escape

No common law escape

25 Oct 2017: When claiming an extension of time, can a contractor use common law doctrines to avoid its contractual agreements? Abiola Aderibigbe reports. more »

Liability issues after Grenfell

Liability issues after Grenfell

27 Sep 2017: Solicitor Barry Hembling provides some updated guidance on flammable cladding risks and liability issues. more »

Aldous bill published in full

Aldous bill published in full

24 Apr 2018: Legislation being piloted through the House of Commons privately by Peter Aldous MP to reform the practice of withholding retention monies in construction contracts has now been published. more »

When the architect gets carried away

When the architect gets carried away

21 Mar 2018: What do you do when your architect designs something that is way beyond your budget? That was the issue in the recent case of Riva Properties v Foster + Partners. Oliver Tobin reports. more »

Landmark ruling finds against payroll company deductions

Landmark ruling finds against payroll company deductions

16 Feb 2018: The Unite union has won a potentially groundbreaking legal victory at the employment appeal tribunal in its battle against bogus self-employment and the use of payroll companies. more »

What the supply chain needs to know if another main contractor goes bust

What the supply chain needs to know if another main contractor goes bust

2 Feb 2018: Lawyer Colette Morgan-Ford offers practical legal advice on what to do if the lead contractor on your project becomes insolvent. more »

Carillion collapse: legal implications

Carillion collapse: legal implications

15 Jan 2018: With Carillion going into liquidation, the actions of the directors will now come under sharp scrutiny. more »

Groaning Shelves: a year of revision for standard forms of contract

Groaning Shelves: a year of revision for standard forms of contract

18 Dec 2017: It seems that 2017 was the year that most of the familiar standard forms of construction contract were revised, rewritten and updated. In case any of them passed you by, Sarah Phillips of Irwin Mitchell provides a brief overview. more »

Payroll reform in the pipeline

Payroll reform in the pipeline

27 Nov 2017: Planned reform of tax rules for off-payroll workers is set to have a substantial impact on the construction industry, a firm of tax accountants is warning. more »

Supreme Court rules against Aberdeen’s planning gain demands

Supreme Court rules against Aberdeen’s planning gain demands

26 Oct 2017: The Supreme Court has ruled in favour of a developer in its suit against a Scottish local authority demanding money in exchange for planning permission. more »

Government seeks views on retentions reform

Government seeks views on retentions reform

25 Oct 2017: Having published solid evidence of subcontractor abuse in the construction industry through the practice of cash retention, the government is holding a consultation process on the issue. more »

Adjudication – when taking part counts

Adjudication – when taking part counts

12 Sep 2017: A defendant can find itself unintentionally bound by an adjudicator’s agreement and responsible for fees, interest and other costs. Sarah Evans, senior associate in the construction team at Irwin Mitchell LLP, explains. more »

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