Construction & engineering publications

These articles have been written by lawyers at Speechly Bircham. Please get in touch with the authors if you would like more information on a particular topic.

Articles and case studies are in pdf format which can be viewed using Acrobat Reader. If you do not have Acrobat Reader, you can download it here.

Inform: Construction & engineering - Yuanda (UK) Co Limited v WW Gear Construction Limited case insight
A recent decision in the TCC has addressed a number of important issues, including: "Tolent" clauses; what happens when contractual adjudication provisions are found to be non-Act compliant; whether joinder provisions in adjudication clauses are permissible and the minimum rate of interest for late payments...read more (June 2010)

Inform: Construction & engineering - Pilon v Breyer case insight
The recent judgment in Pilon v Breyer in the TCC provides a rare occurrence of the Court finding an adjudicator's decision unenforceable in its entirety and provides valuable guidance to parties who deliberately try to reduce the scope of the dispute referred for their own advantage...read more (May 2010)

Inform: Construction & engineering - Beck Interiors Limited v Dr Russo and guarantees case insight
The recent case of Beck Interiors Limited v Dr Russo has highlighted how an improperly drafted guarantee allowed a guarantor to escape liability.  With parent company guarantees being a common feature of construction projects, James Worthington reviews this case and proposes steps on how to avoid this outcome...read more (February 2010)

Inform: Construction & engineering - Project Bank Accounts insight
There has been much discussion in recent months about Project Bank Accounts (PBAs) and whether they are beneficial to the construction industry.  So what is all the fuss about? The Office of Government Commerce (OGC) has adopted PBAs as part of its campaign for greater transparency and fairer payment practices in the construction industry..read more (January 2010)

Inform: Construction & engineering - Costain Limited v Charles Haswell & Partners Limited case insight
The recent case of Costain Limited v Charles Haswell and Partners Limited once again raises the problem of settling with a party "up the line" and then taking proceedings against a different party "down the line"...read more (December 2009)

Inform: Construction & Engineering - revisiting contracts 
The recent decision of William Hare Limited v Shepherd Construction Limited [2009] EWHC 1603 (TCC) serves as a stark reminder that bespoke contracts need to be revised regularly rather than seen as a finished product and never revisited...read more (September 2009)

Inform: Construction & engineering
In this issue we look at using after the event insurance as a possible means of dispute resolution when payment is considered due...read more (May 2009)

Inform: Construction & engineering
In this issue we look at recent examples of how injunctions may be relevant to disputes in the construction industry...read more (May 2009)

Sustainability in JCT contracts
Following consultation throughout the industry, the JCT has taken the initiative with its Guidance on how JCT contracts can address sustainability. This issue of Inform takes an indepth look at the Guidance...read more (April 2009)

Inform: Construction & engineering
Following on from the previous edition, this issue looks at the use of adjudication against a company in administration and considers the effectiveness...read more (March 2009)

Adjudicate of Mediate? The new CEDR rules
This issue of Inform looks at a new set of adjudication rules launched by the Centre for Effective Dispute Resolution...read more (March 2009)

Inform: Construction & engineering
February's issue looks at the costs of the snow flurry...read more (February 2009)

Inform: Construction & engineering 
This issue takes a detailed look at amendments to the Construction Act  with particular attention on securing payment and methods of dispute resolution. We review the changes currently being looked at by Parliament and how they will affect you...read more (January 2009)

Inform: Construction & engineering
This issue focuses on proposed changes to the law on limitation periods for bringing claims, looking at what the proposed regime will entail and the effect it will have if published.  We also look at  two significant cases on adjudication which reinforce the courts' unwillingness to go behind an adjudicator's decision...read more (October 2008)

Dispute resolution in the construction industry: a guide for IP's
Lewis Cohen explains the different forms of resolution and compares and contrasts how these can be used by insolvency practitioners...read more
This article was first published in eRecovery magazine (September 2008)

Inform: Construction & engineering 
There is a focus at the moment within the Construction & Engineering industry on payment practices. With the Beijing Olympics underway we look at a change in the NEC suite of contracts, which have been selected to deliver the London Olympic projects. The new Option Clause affects project bank accounts and we take a look at how it works....read more (August 2008)

Inform: Construction & engineering
This month we focus on Site Waste Management Plans and how they will affect you, as well as a significant result on a case which confirms a parties' position on withholding notice and provides employers with clearer guidance on the payment of liquidated damages. We also look at the Corporate Manslaughter and Corporate Homicide Act which came into force on 6 April 2008...read more (June 2008)

A time for war and a time for peace
Lewis Cohen looks at how the courts have treated ADR in recent years and considers the question as to when it is appropriate to litigate and when it is appropriate to mediate...read more
This article was first published in Butterworths Journal of International Banking and Financial Law (November 2007)

Inform: Construction & engineering
This issue looks at withholding payments, Corporate Manslaughter and Site Waste Management Plans (SWMPS)...read more (October 2007)

Inform: Real Estate
A 'Done Deal'... read more (August 2007)

Inform: Construction & engineering
The latest issue of our regular newsletter covers practical completion, the impact of the smoking ban on the construction industry and 'reasonable' endeavours... read more (June 2007)

Update on the CDM Regulations
The new Construction (Design and Management) Regulations 2007 came into force on 6 April 2007. They do not represent a radically new approach but encourage designers, contractors and clients to design in safety and focus on the most hazardous aspects of the construction process... read more (March 2007)

Inform: Construction & engineering
Regular newsletter discussing building on climate change, The Construction Industry Scheme and Letters of Intent... read more (February 2007)

Limitations of liability
Contractors need to be aware that different jurisdictions interpret contractual provisions in different ways ... read more
The article was first published in tce magazine (February 2007)

Crack down on cartels
Andrew Steele and Amy Rutherford explain what actions should be taken to avoid being implicated in a cartel... read more
This article was first published in tce magazine (November 2006)

Inform: Construction & engineering
CIC's Consultant's Contract, letters of intent and assigned rights...read more (November 2006)

Nuclear Decommissioning Update
The opening-up of the nuclear market is gathering speed and it is important to stay abreast of the issues ...read more (October 2006)

How to "win" in mediation
David Gwillim explains why mediation is becoming such a popular form of alternative dispute resolution... read more
This article was first published in tce magazine (June 2006) 

Construction update 
Corporate Manslaughter Bill, adjudicators' powers, designers' duties... read more (June 2006)

IChemE Assembly 2006 CPD seminar: Claims prevention and cure
At this year's IChemE Assembly in May, we were proud to sponsor the CPD seminar programme and gave a short presentation on claims. To download the claims seminar pack, click here...read more

Decision or indecision?
Designers of industrial structures had better beware: their liability may go further than their contracts would indicate... read more
This article was first published in tce magazine (February 2006)

Pre-action protocol costs
A recent case has highlighted the difficulty in seeking to recover costs incurred in the pre-action stage...read more (November 2005)

The tangled temporary triangle
Typical assumptions as to the benefits and legal responsibilities arising from the use of temporary workers have been undermined by a series of recent cases... read more
This article was first published in tce magazine (October 2005)

Opening up the nuclear market
The NDA was set up to handle the decommissioning of the UK's ageing nuclear power plants. But how will it work? Andrew Steele and Megan Lees explain... read more 
The article was first published in tce magazine (June 2005)