Construction and engineering publications
These articles have been written by lawyers at Speechly Bircham. Please get in touch with the authors or with lewis.cohen@speechlys.com 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 - October 2008
In this eNewsletter we focus 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...read more
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
Published in eRecovery magazine (September 2008)
Inform: Construction & Engineering - August 2008
August 2008: 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
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
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
Inform: Real Estate
A 'Done Deal' (August 2007)... read more
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
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
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
Published in tce magazine November 2006
Inform: Construction and Engineering
November 2006: CIC's Consultant's Contract, letters of intent and assigned rights ... read more
Nuclear Decommissioning Update October 2006
The opening-up of the nuclear market is gathering speed and it is important to stay abreast of the issues ...read more
How to "win" in mediation
David Gwillim explains why mediation is becoming such a popular form of alternative dispute resolution... read more
Published in tce magazine June 2006
Construction update 2006
June: Construction Act, patents, nuclear update... read more
February: Corporate Manslaughter Bill, adjudicators' powers, designers' duties... read more
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 to ... read more
Decision or indecision?
Designers of industrial structures had better beware: their liability may go further than their contracts would indicate... read more
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 (November 2005)... read more
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
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
Published in tce magazine June 2005
Construction update 2005:
October: NEC contract, nuclear clean up, cartels.. read more
June: Practices, designer duties, expert immunity.. read more
February: Northern lessons, confidentiality, using experts.. read more
Could partnering sound the death knell for confrontational contracting seminar
A look at some of the practicalities of implementing a partnering strategy for a construction project. The text of the talk from our Partnering seminar can be downloaded here.
Click here to download article (PDF 75KB)
Construction update 2004:
October: DDA, director's liabilities, contracts, novation .. read more
June: Construction Act, reporting, agency staff .. read more
March: Making peace, sharing risk and reward .. read more
Construction update November 2003
Partnering, JCT Major Projects Form, Directors and officers insurance ... read more
Limitations of liability in construction contracts
Construction projects often run over budget and/or programme, and the contract will determine which party takes responsibility. Sophisticated clients and contractors are increasingly aware... read more
This article was first published in In-House Lawyer magazine, June 2003
Briefings for In-House Lawyer magazine 2003
November: Be good and honouring your contract ... read more
September: Reasonableness of settlements ... read more
June: Extension of time, dvelopers' liability ... read more
May: Oral agreements, recovery of costs ... read more
April: Contracts, payment without a formal agreement ... read more
March: Collateral warranties, asbestos obligations ... read more
January: Corporate killing, late payments ... read more
Dispute resolution methods in the construction industry
A brief synopsis of the various forms of dispute resolution that are currently available in the construction world... read more
Cardinal changes
Is there any position for the American concepts of cardinal changes and the cumulative impact doctrine in English law?... read more
Disclosure - an idiot's guide
Disclosure is the process whereby one party to litigation proceedings (including arbitration) discloses relevant documentation to the other parties in the matter and allows such parties to inspect such documentation... read more