Construction and Engineering

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?

Author: Susannah Davis, Professional Support Lawyer, Construction, Real Estate, London 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 … Continue reading

Leave a Comment

Filed under Construction and Engineering, Development

Court Interprets Obligation in a Standard Form Construction Contract to use all due diligence to obtain planning approvals

Authors: Nick Oury, Senior Associate, Disputes, Tokyo and Jean Hamilton-Smith, Associate, Disputes, Tokyo A commonly encountered provision in the standard form JCT Building Contract (2005 edition) was interpreted by the Court of Appeal to include an implied obligation on a … Continue reading

Leave a Comment

Filed under Construction and Engineering, Development

Increased scope of contractors’ design liability

Author: Michael Mendelblat, Professional Support Lawyer, Real Estate Construction and Engineering, London 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 … Continue reading

Leave a Comment

Filed under Construction and Engineering, Development

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 … Continue reading

Leave a Comment

Filed under Construction and Engineering, Development

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 … Continue reading

Leave a Comment

Filed under Construction and Engineering

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 … Continue reading

Leave a Comment

Filed under Construction and Engineering, Development, Landlord and tenant

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 … Continue reading

Leave a Comment

Filed under Construction and Engineering, Development

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 … Continue reading

Leave a Comment

Filed under Construction and Engineering, Development

Brexit: some indirect implications for development and planning

Author: Matthew White, Partner and Head of Planning, Real Estate, London There are many briefings on what Brexit means for real estate and I don't intend to repeat them in this blog entry. There are only so many ways of … Continue reading

Leave a Comment

Filed under Community Infrastructure Levy (CIL), Construction and Engineering, Development, Investment, Planning

A clause in standard terms of business which are only partially incorporated in a contract may be ‘unreasonable’

Authors: Tim Healey, Partner, Construction and Engineering, London and Michael Mendelblat, Professional Support Lawyer, Construction and Engineering, London The Unfair Contract Terms Act 1977 (UCTA) can apply to contracts where one party's standard terms are partially incorporated – Commercial Management … Continue reading

Leave a Comment

Filed under Construction and Engineering, Development