The importance of assignments: If you are purchasing a site for development, would you rely on a report your seller obtains in its favour then gives to you, stating that you can rely on it; the seller accepting no liability for its contents?

This blog post explores why purchasers should take an assignment or insist on other protection before relying on reports provided to them by others. If your answer to the question posed is ‘yes’, read on as this is exactly what… Read more

Increased scope of contractors’ design liability

The Supreme Court in E.ON v MT Hojgaard has held that apparently inconsistent provisions in a design and build contract relating to standard of skill and care as against the strict requirements of a technical output specification may both be enforced. This… Read more

The limits of good faith

Author: Michael Mendelblat, Professional Support Lawyer, Construction and Engineering, London   The NEC Form of Contract is now in wide use in construction projects. The first clause says that the parties "shall act as stated in this contract and in… Read more

The importance of consistency

Author: Michael Mendelblat, Professional Support Lawyer, Construction and Engineering, London   In a construction project, how a builder and/or designer's potential liability is classified in the contract and technical documentation can be crucial to recovery of any costs associated with… Read more

When quiet enjoyment means just that

Author: Julian Pollock, Partner, Real Estate, London Earlier this year, the courts decided that, even if there is an express right to carry out works in a lease, a landlord cannot ride a coach and horses through a quiet enjoyment… Read more

Getting ready for high speed broadband

Author: Michael Mendelblat, Professional Support Lawyer, Construction and Engineering, London From 1st January 2017, all new buildings and many renovations will be required to incorporate provision for infrastructure to connect to high speed electronic communications networks. This is the effect… Read more

Compensation for closure of a dangerous structure

Author: Michael Mendelblat, Professional Support Lawyer, Construction and Engineering, London In this post, we examine the Supreme Court decision in the case of Hastings Borough Council v Manolete Partners Plc on 27 July 2016.  The court considered whether a local authority… Read more

Construction: The eight pillars of Level 2 BIM

Author: Sarah Rock, Associate, Construction and Engineering, London Following my recent blog post providing a general introduction to BIM, I will now explore the levels and dimensions of BIM and what makes up the Government mandated Level 2 BIM.   … Read more

CDM Regulations come into force: who does what now?

The Construction (Design and Management) Regulations have been revised for the second time since 1994 and will come into force on 6th April 2015. The Regulations require various participants in the construction process to take appropriate measures in respect of… Read more

New CDM Regulations published

CDM 2015 and its related guidance were published on Friday 9 January 2015 and, subject to Parliamentary approval and any changes between now and 6 April 2015, will come into effect on that date for new and existing projects. For… Read more