Search results for 'construction'
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Pay now, argue later! How far does that concept go under the Construction Act?
‘Pay now, argue later’. It is often said that is the nature of the payment and adjudication procedures in the Housing Grants,...
12/01/24/Passle/55fad6bcb00e7e097cd579a6/SearchServiceImages/2025-03-20-05-02-21-694-67dba15dd477ce2bb3451a35.jpg)
The art of interpretation in dispute resolution: Lessons from BDW Trading v Ardmore Construction
As a construction professional, I am certain that you have by now come across the judgment in BDW Trading Limited v Ardmore Construction...
20/03/25/Passle/55fad6bcb00e7e097cd579a6/SearchServiceImages/2024-11-21-10-14-50-682-673f081ad8531ea06479c123.jpg)
Mitigating the increased risk of insolvency in the construction industry
The UK construction sector is experiencing an increasing rate of insolvency, with recent data revealing that construction firms accounted...
21/11/24/Passle/55fad6bcb00e7e097cd579a6/SearchServiceImages/2024-07-09-13-05-35-805-668d359fa2417b72f59dc2e7.jpg)
Supreme Court rules collateral warranty is not a construction contract
The Supreme Court of the United Kingdom has handed down a significant judgment for the construction industry earlier today (9 July 2024)....
09/07/24
When is a collateral warranty not a construction contract?
By Victoria Kempthorne In Toppan Holdings Limited and Abbey Healthcare (Mill Hill) Limited v Simply Construct (UK) LLP [2021] EWHC 2110,...
26/08/21/Passle/55fad6bcb00e7e097cd579a6/SearchServiceImages/2025-02-13-13-53-23-113-67adf9531c741a956fa4f229.jpg)
Payment notices are red, payless notices are blue… but it’s the substance within that’s true!
According to King’s College London’s third construction adjudication report published in November 2024, the Technology and Construction...
13/02/25/Passle/55fad6bcb00e7e097cd579a6/SearchServiceImages/2024-10-09-10-46-45-271-67065f15a75ae96e1ecf84e4.jpg)
Does an employee have to exhaust the grievance procedure before they can claim constructive dismissal?
That was the issue the EAT had to decide in the case of Nelson v Renfrewshire Council. Facts Ms Nelson was a learning and support teacher...
09/10/24
Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd [2020] UKSC 25
A case comment by Zoe Williams and James Mapley The Supreme Court has unanimously allowed Bresco’s appeal to determine that where...
19/06/20/Passle/55fad6bcb00e7e097cd579a6/SearchServiceImages/2025-03-19-21-50-29-867-67db3c2552489c3ddf4a7033.jpg)
Managing opposing beliefs: what employers can learn from two recent cases
Most employers would consider themselves very unlucky to become embroiled in a tribunal claim arising from a staff meeting chaired by a...
20/03/25/Passle/55fad6bcb00e7e097cd579a6/SearchServiceImages/2025-06-16-14-13-18-538-6850267eee332ac195e9b81d.jpg)
Redundancy selection: qualifications and age discrimination
To dismiss someone fairly for redundancy you must adopt a procedure that is fair and reasonable in all of the circumstances. Part of...
25/06/25
Micro Homes & Straw Houses: Alternative Methods of Construction Hit the News
Solving the housing crisis is undoubtedly a difficult thing to do, which might be one of the reasons why there has been so little...
01/09/17/Passle/55fad6bcb00e7e097cd579a6/SearchServiceImages/2025-03-17-14-36-49-209-67d833814f30a3066fa5905c.jpg)
The Building Safety Levy
Following the 2017 Grenfell Tower tragedy, the Building Safety Act 2022 (the “Act”) was introduced to improve the design, construction...
17/03/25
The Building Safety Act 2022 and how it impacts commercial properties
The Building Safety Act 2022 (“the Act”), which received Royal Assent on 28 April 2022, is being brought into force in stages. The Act...
20/09/23/Passle/55fad6bcb00e7e097cd579a6/SearchServiceImages/2024-06-04-14-29-03-047-665f24af720e7d613815234c.jpg)
Liquidated Damages, The Triple Point Case, and the New JCT
The Joint Contracts Tribunal (JCT) has released its new Design and Build Contract 2024. A new clause (2.29.5) relating to liquidated...
04/06/24
RAAC – what are the implications for schools?
On 31 August 2023 the Department for Education (“DfE”) announced that schools and colleges with reinforced autoclaved aerated concrete...
03/10/23
Slip and Slide: two lessons from Adjudication
Construction expert, Ben Couldrey, considers the decision of the Technology and Construction Court on 18 December 2020 in Aqua Leisure...
02/03/21
Time to Take Note - MW High Tech Projects Limited v Balfour Beatty Kilpatrick Limited [2020] EWHC 1413 (TCC) by Ben Couldrey and James Mapley
In MW High Tech Projects Limited v Balfour Beatty Kilpatrick Limited [2020] EWHC 1413 (TCC), the TCC provided a useful illustration of...
23/06/20
We Need to Talk: s.106 Agreements, CIL Payments & Stalled Sites
There is a lot for developers to think about right now. Everything from the availability of building supplies, to force majeure clauses...
30/03/20/Passle/55fad6bcb00e7e097cd579a6/SearchServiceImages/2024-06-06-05-04-32-993-66614360f43791529ab64d59.jpg)
New JCT 2024 – Sustainability / ESG
The new JCT Design and Build contract, 2024 edition has been released, and as we have seen, there have been a number of updates to the...
06/06/24
Building Safety Bill - beware longer limitations
This article, by Natalie Cane, first appeared in Architecture Magazine Claims under contracts can only be commenced within a certain time...
14/10/21
Chinese Walls Come Tumbling Down - A v B [2020] EWHC 809 (TCC)
It is well established that an expert acting in a dispute owes a duty to the tribunal to provide evidence that is impartial and...
14/04/20/Passle/55fad6bcb00e7e097cd579a6/SearchServiceImages/2024-06-05-07-04-02-296-66600de2bb56ede1a5603f48.jpg)
Taking a Risk with the Contract? The Good Faith Provisions in JCT DB 2024
This article is part of Irwin Mitchell’s “thought pieces series” on the JCT Design and Build Contract 2024 (DB 2024), by members of the...
05/06/24/Passle/55fad6bcb00e7e097cd579a6/SearchServiceImages/2024-04-22-13-05-43-881-662660a7d100dba38abfeae9.jpg)
New JCT Design and Build Contract 2024 published
Last week the JCT published the long-awaited new design and build contract, the first of the new suite of 2024 JCT contracts. In this...
22/04/24/Passle/55fad6bcb00e7e097cd579a6/SearchServiceImages/2021-11-20-11-11-54-238-6198d7fa49b204004897466a.jpg)
Knowledge and disability: what should you do if you find out someone is disabled after you've dismissed them?
Most disability discrimination claims are brought under section 15 of the Equality Act 'discrimination arising from disability' and...
22/11/21
Adjudication: ‘the good can and should be severed from the bad’
A dispute over the late completion of a hotel in Shoreditch has resulted in another significant judgment on the status of adjudication....
29/07/19
Construction sneezes - does the economy get a cold?
I'm a lawyer, not an economist (and so part of the burgeoning service sector growth!), but I cannot help but be worried by the continued...
27/10/15
Direct Line ordered to pay menopausal employee £65,000 after failing to adjust its performance management processes
At what point can you raise legitimate concerns with an employee whose performance has declined due to menopausal symptoms? What...
05/09/23/Passle/55fad6bcb00e7e097cd579a6/SearchServiceImages/2023-07-20-15-32-06-753-64b953768431042ba61d2c14.jpg)
Government abandons legislation that would have protected workers from third party harassment
Under our current laws, it can be difficult for workers to bring successful claims against their employers for harassment they experience...
20/07/23
What’s in a name? Disputes and dismissed claims
When disputes arise regarding the developer of any given project, it can lead to dismissed claims if all names don’t align. Micah Hall, a...
16/06/21
The Importance of defining disputes
By George Mills, Paralegal at Irwin Mitchell LLP The case of Empyreal Energy Ltd v Daylighting Power Ltd [2020] EWHC 1971 (TCC)...
08/09/20