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Construction, Engineering & Procurement Archive

Our views:

  • Britain's nuclear future: Will the UK construction industry deliver? Read more > 
  • The sustainability equation: finding the gold in green buildings: Sustainability has been an issue on the lips of the real estate industry for several years. Initially considered part of the ‘green’ or environmental agenda, it has steadily become a driver for more frequent and mainstream discussions, especially with the introduction of carbon reduction targets and financial incentives/penalties based on performance. But a frequent criticism has been that the industry lacks the financial motivation to back up its good intentions. Read more > 
  • Implementation of the Jackson Reforms - will this be the end of CFAs?  On 29th March 2011, the Government published its response to the Jackson Consultation announcing that it intends to implement the majority of the Jackson reforms on civil litigation costs, through a series of changes to primary legislation and the Civil Procedure Rules “as soon as Parliamentary time allows”. To find out what this means for your litigation. Read more > 
  • Bribery Act 2010:  The Bribery Act 2010 received Royal Assent on 8 April 2010. It represents a complete overhaul of anti-corruption law in the United Kingdom. The Act was due to come into force on 6 April 2011, however, the legislation is now being re-examined under the Government's growth review.  On 30 March the Ministry of Justice finally published its guidance on “adequate procedures” under the Bribery Act.  The guidance endorses a risk-based approach and should provide significant comfort to UK businesses on issues such as corporate hospitality and dealings with Foreign Public Officials. Clients are urged to ignore the scaremongering in the press (and elsewhere) and focus their anti-bribery efforts on high risk areas.  Read more >

    Whilst the objectives of the Act are laudable, its wide scope means that compliance will not be straightforward for British companies and international firms doing business in the UK. Please click here for a guidance note which has been tailored for those in the Construction sector.

Building:


Do's and Don'ts

We also write a monthly article for Building magazine as part of a series on "Do's and Don't"s in which we offer practical advice on navigating the major projects minefield.

  • Catherine Gelder (nee Barstow) gives advice on organising your work so that you're ready for the final account.  Read more >
  • Iain Suttie discusses the design development process and where it can all go horribly wrong.  Read more > 
  • Ben Mullard offers his tips on how to better your chances of victory in multiparty disputes.  Read more > 
  • Melissa Moriarty discusses tiered dispute resolution clauses, which can save you time and money.  Read more >
  • Sean Austin raises potential issues that arise when drafting lump sum contracts.  Read more >  
  • Geraldine Laing looks at interface issues - what they are and how to manage them when they arise.  Read more >
  • Alexandra Clough looks at common mistakes made when choosing a mediator.  Read more >
  • Jancyn Gardiner looks at what remedies are available to the project company on major infrastructure projects to protect them from the consequences of late completion.  Read more > 
  • Catherine Gelder looks at using the pre-action protocol to settle construction disputes.  Read more >

  • John Hughes-D'Aeth guides you through insurance on a major project, from what to insure against to understanding what is not covered by a policy.  Read more > 

How do I...?

We also write a monthly article for Building magazine as part of a "How do I..?" series which focuses on how those in the construction industry can take control of their own legal affairs in order to save time and costs in the current economic climate.

  • Melissa Moriarty explains the use of a powerful money-extraction tool.  A matter of life and debt: how do I issue a statutory demand?  Read more > 
  • Geraldine Laing explains how and when to call on a performance bond. Bonding rituals: How do I call on a performance bond?  Read more >
  • Claire McNamara explains why, when and how you should apply for a summary judgment.  Let's get this over with: Obtaining summary judgment.  Read more >
  • Bob Maynard examines the alternative methods of funding litigation.  Funding a claim: win first pay later!  Read more >
  • Deborah Primett explains how to draft the ever popular, ever problematic letter of intent.  Drafting a letter of intent: good intentions.  Read more >
  • John Hughes-D'Aeth looks at the secret to ensuring a smooth and dispute-free construction process by assembling the contract documents correctly. Good on paper: guide to assembling contract documents.  Read more >
  • Ben Mullard looks at what parties can do to control the cost of an adjudication. Controlling adjudication costs: Low-fat legal process.  Read more >
  • Deborah Primett looks at measures that contractors and subcontractors can take to make it easier to get paid, without resorting to litigation or adjudication.  No thumbscrews required: how to improve your chances of getting paid on time without resorting to tough-guy tactics.  Read more >
  • Paul Flook looks at " How to avoid going to court." Litigation can leave you with a headache, not to mention a large hole in your wallet. But disputes do not have to end up in the courts. Read more >
  • Alexandra Clough looks at the options available if you get a court judgment in your favour but still can’t get paid. Read more >

Tunnels and Tunnelling International:

We regularly contribute articles to Tunnels and Tunnelling International dealing with the specific legal issues that can arise in relation to underground construction projects:

Nigel Legge of Nigel Legge Associates and Iain Suttie of Berwin Leighton Paisner look at the role of project management and contracts in managing ground risk.  Read more >

International views:

  • Practical tips if arbitrating in the UAE - Arbitration continues to be the forum of choice for international parties involved in a construction dispute in the UAE and the number of arbitrations taking place in the region is clearly on the rise. 
    Read more >  
  • Can I get an anti-suit injunction? A court in an EU member state cannot restrain a party from commencing or continuing proceedings in another member state even if this is in breach of an arbitration agreement between the parties according to this recent decision of the European Court of Justice.  Read more > 
  • Can only part of a New York Convention arbitral award be enforced? - This issue was considered for the first time recently by the Court of Appeal. Read more to find out if partial enforcement is possible.  Read more > 
  • In arbitration, does the choice of seat dictate the choice of procedural law or the other way round? - Generally, the choice of seat does dictate the choice of procedural law but the Braes v McAlpine case confirms that this is not necessarily the case. Read on to find out why.  Read more >
  • Mareva injunctions permit far reaching extra territorial asset freezes at the very outset of a dispute - Last year, bank accounts and assets of a company with a value up to US$12 billion were frozen by the English Courts in a dramatic example of how effective a procedural weapon Mareva injunctions can be.  Read more >  
  • FIDIC publish the first ever standard form contract to govern the design-build and operation-maintenance phases of a project -The new FIDIC contract, known as the “Gold Book”, is not the only international standard form contract to have been published recently. Read more to find out what others are available.  Read more > 

 

Get in touch

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Bob Maynard

BLP
Partner, Joint Head of Construction & Engineering
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John Hughes-D'Aeth

BLP
Partner, Joint Head of Construction & Engineering

If you need help with a legal or business issue, please contact our team.