News
Works in progress – Law Gazette 08/04/2019
The article was originally published by The Law Society Gazette on 8 April 2019. Commercial property spans an ever wider range of legal work – from leasing office and retail… Read more →
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News
Employer entitled to challenge the ‘true value’ of interim application
Employer entitled to challenge the ‘true value’ of interim application to overcome “smash and grab” adjudication Grove v S&T. Grove Developments Ltd v S&T (UK) Limited [2018] EWHC 123 (TCC)… Read more →
News
Are you sure you’re insured?
Project insurance may secure a project, but contractors at any level should look to their contracts before relying on such policies. Haberdashers’ Aske Federation Trust v Lakehouse Contracts [2018] EWHC… Read more →
News
Obtaining planning permission and conservation area consent – employer’s implied obligations?
Clin v Walter Lilly & Co Ltd [2018] EWCA Civ 490 In a recent case, the Court of Appeal implied a term into a building contract to the effect that… Read more →
Tear up the blueprints: Planning and funding Tomorrow’s City
We had three fantastic panellists: Peter Cosmetatos from the Commercial Real Estate Finance Council, Victoria Hills from Old Oak & Park Royal Development Corporation and Stefan Webb from Future Cities… Read more →
Bulletins
An age old warning: get your pay less notices right or expect to pay-up. And don’t serve on a Friday!
Kersfield Developments (Bridge Road) Limited v Bray & Slaughter Limited [2017] EWHC 15 (TCC) In this enforcement case it was decided by an adjudicator that the employer, Kersfield, must pay… Read more →
Bulletins
Can you stop an adjudication in its tracks? Not likely … unless the referring party has acted unreasonably and oppressively
Jacobs UK Ltd v Skanska Construction UK Ltd [2017] EWHC 2395 (TCC) The case concerned an application by Jacobs against Skanska for an injunction to stop Skanska from proceeding with… Read more →
Bulletins
Don’t Budget on Responsibility: Architects must consider costs
Riva Properties Ltd & Ors v Foster + Partners Ltd [2017] EWHC 2574 Background Mr Dhanoa of Riva Properties Ltd, engaged Fosters, the internationally renowned architects, to design a five… Read more →
Bulletins
The Dangers of Mixing Business and Friendship… Professionals Beware!
Burgess v Lejonvarn [2017] EWCA Civ 254 Background Mrs Lejonvarn, an American qualified architect, was a friend and former neighbour of the Burgesses, who intended to carry out landscaping works… Read more →
Bulletins
Sectional Completion – are you sure your liquidated damages will be enforceable in the event of delay?
Having gone to the lengths of negotiating a building contract with sectional completion, it is key that the technical description explaining which part of the works are included in each… Read more →
Bulletins
Reasonable skill and care or fitness for purpose? The devil is in the detail.
Introduction The extent to which a design and build contractor should be held responsible for a construction project achieving (or failing to achieve) a particular performance output is an issue… Read more →
Bulletins
Smash and Grab Adjudications – Is there hope for Payors?
“Smash and grab” adjudications may get you some short term cash but beware of the payor’s right to seek a proper valuation of the works and recover overpayments in subsequent… Read more →
Bulletins
Assignment by way of security – beware of giving away more than you bargained for
Background Assignment by way of security is a concept that comes up on many construction projects; typically as a condition of providing finance a funder will require an assignment by… Read more →
Bulletins
Is a pay less notice really necessary to contend payment following termination of a contract?
Is a pay less notice really necessary to contend payment following termination of a contract? Yes says the Court of Appeal In Adam Architecture Ltd v Halsbury Homes Ltd [2017]… Read more →
Bulletins
Awash with supply?
What business consumers need to know about changes to the water supply market. What is happening? From 1 April 2017, business consumers have been able to choose their water supplier… Read more →
Tomorrow's City
Building a connected tomorrow’s city
Global cities are revaluating their physical infrastructure priorities as they come to terms with the reality of rising densification, increasing usage and demand, and a new risk landscape. Looking ahead… Read more →
Bulletins
Consequential loss – a new approach?
The recent Commercial Court case of Star Polaris v HHIC-Phil has emphasised the risks of excluding liability for “consequential loss” under a contract. The case has cast doubt over the… Read more →
Tomorrow's City
Regulation has a key role to play in infrastructure improvement
According to the McKinsey Global Institute, the world needs to invest $3.3trn (£2.5trn) in infrastructure annually up to 2030. Click here to view the full article published in Property Week
Tomorrow's City
Each to their own
The demand for owning assets is changing with rapid shifts in commercial cultures. Claire Haynes and Helen Garthwaite ask how landlords can keep up. Click here to view the full… Read more →
Bulletins
Purchasing a site with planning permission? Buyer Beware! Dangers of copyright infringement for property developers
If you are purchasing a site with planning permission, don’t forget to consider the copyright implications, otherwise you could face a costly damages bill and even have your development stopped… Read more →
Bulletins
Breaking up
The Winter 2017 In Counsel featured the first article in our three part series on the issues surrounding surplus premises. It looked at moving on and ending the lease relationship.… Read more →
News
First Female Senior Partner
Wedlake Bell is pleased to announce that Kim Lalli has been elected as the firm’s Senior Partner. This will be for a four year term that begins on 1st January… Read more →
Bulletins
Express contract terms continue to provide best protection for parties to a contract
The Court of Appeal has reaffirmed that a term will not be implied if it contradicts an express term under the contract (Irish Bank Resolution Corp Ltd (In Special Liquidation)… Read more →
Bulletins
Why ownership structures will change in the future
Helen Garthwaite and Suzanne Gill analyse how technological disruption is shaping ownership. To read the full article first published in Property Week on 16 March 2017, click here.
JCT subcontracts: Court of Appeal calls time on extensions of time
A TCC case involving Carillion concerning the issue of delayed work and entitlement to an extension of time has potentially significant implications for contractors. The Court of Appeal in Carillion Construction… Read more →
Bulletins
Be sure of your connections
Helen Garthwaite and Claire Haynes consider broadband challenges for the next generation of buildings. This article was first published in RICS Construction Journal for April-May 2016. When carrying out a… Read more →
Bulletins
Payments under Building Contracts: it pays to be on time!
It is fair to say that the payment regime under the Construction Act (the “Act”) is complicated. In the recent decision of Henia Investments Inc v Beck Interiors Ltd [2015]… Read more →
Bulletins
Case Law Update Construction and Property 2012
2012 saw a number of important decisions made in the Courts which may affect those involved in the construction and property sectors. This article sets out a brief summary of… Read more →
Bulletins
2011 Construction Case Law Summary
There were a number of important decisions made in the Courts in 2011. Below is a selection of cases that may affect our clients and contacts within the construction and… Read more →