Practical Law

I met with a client last week to talk over some issues that they are having on some long term consultant framework agreements where they are the “employer”. One particularly thorny issue is that instructions to proceed with a specific call-off under the framework are often resulting in fresh negotiations on the terms of the … Continue reading Collateral warranties: you can lead a horse to water… →

A client who is building a large mixed use development called me yesterday with a dilemma. He had received a letter from a local equipment supplier, who was on the verge of bankruptcy because the sub-contractor who had engaged him had gone into administration after the hire period had come to an end. He was … Continue reading Direct payments to suppliers on a construction project →

We are often contacted by clients when a main contractor has failed to provide documents that they are contractually obliged to procure, such as sub-contractor warranties, performance bonds or parent company guarantees. The terms of these documents are usually agreed and appended to the building contract, but the contractor is only required to provide these … Continue reading Bonds and warranties: specific performance v substituted performance? →

A client called me recently to discuss an issue that is probably familiar to many clients. On this particular project the pace of work is slowing, the contractor has missed a number of key programme dates and completion by the contractual date for completion is looking very unlikely. The contractor is obliged to progress the works … Continue reading Proceeding regularly and diligently →

While most of us were caught up in the wall-to-wall coverage of the Leveson report last Thursday, other significant announcements were being made in Westminster. The Energy Secretary, Ed Davey, made a statement on the publication of the Energy Bill 2012, which is the product of months of industry-wide dialogue and debate on how we … Continue reading Keeping the lights on? →

The recent TCC case of Simon Carves Ltd v Ensus UK Ltd underlines the importance of knowing how and when any performance security expires.

The planned nuclear new build programme in the UK has been the subject of much discussion over the last few years: will the new coalition government support, oppose or be indifferent to it? On a more personal level, how safe is nuclear power and do people want it on their doorstep? Commercially, there have been … Continue reading Building Britain’s nuclear future and developing a worldwide nuclear renaissance →

The past 18 months have been tough for the construction industry, with many existing development projects put on hold. You only have to look around any major city to see sites locked up, cranes standing still and part-built properties. The good news is that things are slowly beginning to move again, with major developers (such … Continue reading Don’t keep me in suspense →