Construction Contract & Claims Management Podcast Series – EP5: How to Navigate Settlement Discussions and Prepare Settlement Agreements

The success of large-scale development projects depends greatly on the parties maintaining a good commercial relationship. Whilst claims and disputes are often inevitable in relation to construction works, early and amicable settlement can be instrumental in sustaining those relationships and ensuring the successful delivery of a project.

So when should a party start to think about settlement in the context of construction claims and disputes? How should settlement discussions be conducted, and what needs to be considered when preparing a settlement agreement?

The fifth and final episode of the London Construction & Infrastructure Group’s “Construction Contract & Claims Management” podcast series explores how to navigate settlement discussions and prepare settlement agreements in the context of construction claims and disputes.

This episode can be found on iTunes, Spotify and SoundCloud.

This episode is also accompanied by a checklist which sets out some of the key matters to be considered when conducting settlement discussions and preparing settlement agreements. The checklist can be viewed and downloaded here.

The entire series and accompanying checklists can also be found on our web page.

For further information please contact:

Michael Sharp
Michael Sharp
Associate, construction and infrastructure, London
+44 20 7466 7520

Noe Minamikata
Noe Minamikata
Professional support lawyer, construction and infrastructure, London
+44 20 7466 2838

Construction Contract & Claims Management Podcast Series – EP4: How to Prepare for a Potential Construction Dispute

Given the complexity of issues and the amounts that are typically involved in construction disputes – particularly those arising from large-scale development projects – preparing early and properly for a potential construction dispute is an important process, but one which can be time-consuming and expensive. Preparing for a potential construction dispute where a formal dispute is likely, but may or may not ultimately arise, can therefore be a balancing act. So how can a party best prepare itself in these circumstances?

We are pleased to share with you a podcast by Herbert Smith Freehills’ Construction & Infrastructure Group in which we discuss the legal and practical considerations where a potential construction dispute is on the horizon.

This episode can be found on iTunes, Spotify and SoundCloud.

This episode is also accompanied by a checklist which sets out some of the key matters to be considered when preparing for a potential construction dispute. The checklist can be viewed and downloaded here.

This is the latest episode in Herbert Smith Freehills’ ‘Construction Contract & Claims Management’ podcast series. In the next episode in this series, we will be discussing how to navigate settlement discussions and prepare settlement agreements in the context of construction claims and disputes.

Previous episodes in the series can be found on our website here.

For further information please contact:

Olivia Liang
Olivia Liang
Associate (Australia), construction and infrastructure, London
+44 20 7466 7520

Noe Minamikata
Noe Minamikata
Professional support lawyer, construction and infrastructure, London
+44 20 7466 2838

 

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

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 developer to use “all due diligence” to obtain planning approvals. The phrase “all due diligence” was held not to require the developer to ensure that planning approvals were in fact granted, or that they were granted within sufficient time to prevent delays. At most it required the developer to make a timely application containing sufficient information and to co-operate with the Local Authority during the planning process.

The decision demonstrates the limits of the obligations commonly entered into by developers in the UK in relation to planning approvals.

1. Facts of the case

2. Developer responsible for Planning Approvals

3. Obligation to exercise “all due diligence”

4. Delays caused by Local Authority

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