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Construction and Engineering Legal Update - 06/04/10

In this month's digest we highlight  the following developments of interest:

  • Contract formation: Letters of intent, "subject to contract" and waiver by conduct 
  • Drafting "pay when paid" clauses which are effective upon upstream insolvency
  • Drafting exclusion clauses to exclude liability for statutory interest
  • Settling construction disputes - some points to consider
  • The Equality Bill: Impact on the construction sector
  • HSE crackdown on dangerous construction sites
  • New HSE Guidance: "Provision of welfare facilities during construction work"

Contract formation: Letters of intent, "subject to contract" and waiver by conduct - 06/04/10

The Supreme Court on appeal from the Court of Appeal, has given an important judgment in RTS Flexible Systems Limited v Molkerei Alois Müller Gmbh & Company KG (UK Production) ("RTS").  This will be of relevance to parties who continue works after the expiry of a letter of intent but before a formal written contract is finalised, and to those who intend to rely on "subject to contract" and "counterparts" clauses in contracts.

In this article we summarise the facts and issues in the case, and provide some learning points to consider when dealing with these areas in the future.

Settling construction disputes - some points to consider - 06/04/10

There are many factors to address when settling any dispute, including the parties to be bound, dealing with any formal proceedings, payment provisions, the scope of the settlement, costs and interest. In this note we highlight some particular points to consider when settling construction disputes.

Insurance and Financial Services Update - 08/03/10

This update is relevant to anyone with an interest in the field of insurance or financial services.

Commercial Dispute Resolution Update - 01/03/10

This update is relevant to anyone interested in recent developments in the dispute resolution field.

Commercial Dispute Resolution Update - 08/02/10

This update is relevant to anyone interested in recent developments in the dispute resolution field.

Jackson report: good or bad for insurers? - 04/02/10

Lord Justice Jackson produced the final report into his review of civil litigation costs on the 14 January 2010.  This contains a broad range of proposals for reform. 

The main recommendations of the report focus on personal injury cases but much of what is proposed will apply to, and could affect, all insurers.

Public Procurement - Working for the Man: Remedies: a new era - 03/02/10

The European Remedies Directive has now been implemented into UK law.  There is much talk of the new remedy of “ineffectiveness” and the automatic injunction.  How will this change the face of procurement litigation?  

Goldacre v Nortel - welcome clarity on when administrators must pay rent for use of premises - 27/01/10

Goldacre v. Nortel - welcome clarity on when administrators must pay rent for use of premises

The recent High Court case of Goldacre v. Nortel has helped to clarify the thorny issue of when a landlord can require the administrators of a company to pay rent for leasehold premises they use for the benefit of the administration.

Commercial Dispute Resolution Update - 05/01/10

This update is relevant to anyone interested in recent developments in the dispute resolution field.

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[Bevan Brittan] know our requirements on the private sector side, but also know our clients...they know where the public sector is coming from.
Declan Gillespie, Commercial Director, John Laing

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