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Built Environment

Blog

A valuer does not owe a duty of care to the directors of a borrower

Published on 02 May 2018. By Alexandra Anderson, Partner and Felicity Johnson, Senior Associate

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The High Court has held that a valuer who prepares a valuation for a lender does not owe a duty of care to the directors of the borrower who claim they have suffered loss as a result of relying on that valuation.

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Publication

Construction newsletter April 2018

13 April 2018

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The first quarter of 2018 has been a challenging one for the construction industry. It saw a further decline in construction output in January, with the Office of National Statistics reporting that construction output fell by 3.4% in January from December.

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Blog

New(ly reiterated) grounds for stay on enforcement of an adjudication decision

Published on 05 April 2018. By Dil-veer Kang , Trainee solicitor and Ben Wilkins, Associate

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A real risk of the dissipation or disposal of an adjudication sum may justify the grant of a stay on enforcement of an adjudicator's award.

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Blog

Smashing 'Smash and Grab' – Coulson J delivers significant blow to smash and grab tactic

Published on 01 March 2018. By David Thorne, Partner and Ben Wilkins, Associate

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Over recent years a body of case law has developed supporting the principle that in the absence of a valid pay less notice an employer is exposed to a 'smash and grab' adjudications for payment of the sum stated as due in a contractor's interim application even if that application is overstated. On Tuesday this week, in what is likely to be his final judgement before moving to the Court of Appeal, Coulson J delivered welcome clarification on the matter in Grove Developments Ltd v S&T (UK) Ltd. Coulson J held that even in the absence of a valid pay less notice it is open to an employer to commence adjudication proceedings for determination of the 'true' value of an interim application potentially blunting the tactical utility of 'smash and grab' adjudications.

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Blog

Equitix ESI CHP (Wrexham) Limited v Bester Generacion UK Limited: Judicial guidance on the applicability of the HGCRA to a dispute under a power generation contract

Published on 19 February 2018. By Sarah Shafiq, Associate and Dan Preston, Partner

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Equitix ESI CHP (Wrexham) Limited (Equitix), a special purpose vehicle, entered into a design and build contract with Bester Generacion UK Limited (Bester) for the construction of the Wrexham Biomass Fired Energy Generating Plant (the Project).

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Blog

RICS Conflict Avoidance Pledge

Published on 12 February 2018. By Rebecca May, Associate

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It is a well-known fact that the costs of resolving disputes can quickly escalate, and that it is often not cost and time effective to pursue even mid-sized claims through arbitration or litigation. In an attempt to circumvent the need for this sort of dispute resolution, by avoiding disagreements developing into disputes, the Conflict Avoidance Coalition has formed and introduced a "Conflict Avoidance Pledge".

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Blog

Retrospective and prospective delay analyses – do they provide the same results?

Published on 26 January 2018. By Dan Preston, Partner and Rebecca May, Associate

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The recent case of Fluor v Shanghai Zhenhua Heavy Industry Co considered the difference between prospective and retrospective approaches to delay analysis and whether they lead to the same results.

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Blog

Incorrect Ownership Certificates: A Cautionary Tale

Published on 19 January 2018. By Caroline Bywater, Head of Planning

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In a case which the judge deemed to be "a cautionary tale about how not to submit a planning application and its consequences", the High Court has recently tackled the question of the effect of incorrect ownership certificates submitted with planning applications. In considering the issue, the Court has given us a helpful reminder of when such an error might lead to the quashing of a planning permission.

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Blog

Notification under a specific clause must be clear

Published on 12 January 2018. By Rebecca Taylor, Trainee solicitor

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Systems Pipework Limited (SPL) v Rotary Building Services Limited (RBSL) determines that where a clause may have a draconian effect it is necessary for notification of this clause to include reference to the clause and clearly comply with the clause's purpose and requirements.

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Blog

12 Drummers Drumming: Pa rum pum pum pum

Published on 18 December 2017.

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Whilst we all like to get into the festive spirit it's not much fun if you're living next door to those drummers. In this final instalment of the festive blog series we consider what action can be taken against noisy neighbours.

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