The Court of Appeal has handed down a judgment, agreeing with a decision in the Technology and Construction Court, which serves as a reminder that, to be effective, exclusion clauses need to be carefully and very clearly drafted, and that contracts should be reviewed following changes in legislation.
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.
This article highlights the proposed change in the law in respect of “reasonable adjustments”, and draws attention to proposals in relation to procurement by public authorities.
In this month's digest we highlight recent developments of interest, including commercial issues (in particular an article on the relevance of the "BSKYB" judgment for the construction and engineering sector) and some recent case law.
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?
This Legal Update contains brief details of cases and other developments of interest which have been published in the last month.
If you require any further information about any of the items mentioned, or if you have been forwarded this update by a colleague and would like to receive it direct, please contact David Kirkpatrick , Associate Solicitor and Professional Support Lawyer for the Construction & Engineering Department.
The Carbon Reduction Commitment (CRC) is a new Government backed mandatory emissions trading scheme for the United Kingdom which commences in April 2010.
Welcome to the Bevan Brittan Construction and Engineering Update, as at 1 December 2009. This Legal Update contains brief details of cases and other developments of interest which have been published in the last month.
The long awaited regulations implementing the new EC Remedies Directive have now been published – the Public Contracts (Amendment) Regulations 2009 SI 2009 No. 2992. Here are our top 10 questions and answers on the impact of these new procurement rules.
Opportunities for the redevelopment of properties have been improved by the Court of Appeal’s decision to overturn the narrow interpretation of the extent an easement granting access for “rebuilding or renewal” can be used to develop a property in the case of Risegold Ltd v Escala Ltd.