Publications

Our lawyers contribute regularly to industry and legal journals including Building, Post Magazine and Solicitors Journal. In addition we write legal briefings, newsletters and case reports on our main practice areas.

Published and other articles are free and may be downloaded in PDF format.

See our most recent articles below or use the search function to find publications by Sector, Service and/or keyword. Articles over 1 year old are stored in our Publications Archive.

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Will Buckby & Andrew Croft

The NEC4 suite of contracts was published on 22 June 2017. As we outlined in our webinar on 25 July 2017, the changes to the NEC3 Professional Services Contract (the PSC) are significant.

A lot of commentary has focused on the change to the Engineering and Construction Contract (the ECC). The changes to the PSC have gone "under the radar".

Will Buckby and Andrew Croft will explore these changes in a series of briefing notes, starting with the new approach to valuing payment.

To read the full note, please click here.

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Sarah Conroy and Karen Elliott

The much anticipated Mediation Bill was first presented to Dáil Eireann on 9 February 2017. The Bill is currently in the final stages before the Seanad, having been passed by the Dáil on 13 July 2017. The Bill aims to promote mediation as an alternative to court proceedings in resolving disputes.

In this article, Sarah Conroy and Karen Elliott explain the impact of the Bill and also what effect it will have on court proceedings going forward.

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Andrew Croft & Nadir Hasan

Publication: Construction Law

Our regular round up of court cases of most interest to construction from Andrew Croft and Nadir Hasan includes a decision in which the slip rule proved crucial; and one where the court supported the view that an insured's policy is not disclosable.

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Nathan Modell, Simii Sivapalan and Sophie-Rose Bowen

A contractor has been held to be in breach of contract for a fitness for purpose obligation which was to be determined by reference to a ‘Technical Requirements’ schedule, despite the main contract terms including obligations to use due care and professional skill and to comply with international design standards.

Contractors and consultants alike are therefore advised to review their obligations carefully to ensure they are properly drafted to reflect what the parties understood the contract to require.

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Sadaff Habib

Publication: Kluwer Arbitration Blog

Firms will often write that for effective representation it is best to engage law firms at an early stage in the dispute process. Whilst there may be some merit in this, it may not necessarily be entirely true. It is evident that in-house roles are not what they were initially thought to be. In house lawyers today are expected to do more than just ‘manage’ the dispute. The result: it is possible for some cases to be managed entirely in house and/ or for law firms to be involved at a later stage. So how does the in house lawyer decide when the time is ripe to get external counsel.

Sadaff Habib, Associate in our Dubai office, highlights four (4) points that the in house lawyer should consider when deciding to get an external law firm on board.

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Andrew Croft & Simii Sivapalan

Publication: Construction Law

Our regular review of cases of most importance to construction comes from Andrew Croft and Simii Sivapalan, including one highlighting the potential dangers of giving ad hoc and free advice as a business development initiative; and another showing how a widely drafted limit of liability clause may still be reasonable and therefore enforceable under unfair contract terms legislation.

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Claire Miller and Nadir Hasan

Publication: Construction Law International Vol 12 No 2, June 2017

This month the publication Construction Law International has focused on the Middle East and kindly includes one of our articles by Claire Miller (Partner) and Nadir Hasan (Assistant) on the DIFC Courts proposed new technology and construction division.

This article was first published in Construction Law International, Vol 12 No 2, June 2017, and is reproduced by kind permission of the International Bar Association, London, UK. © International Bar Association.

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Ian Masser and Ben Spannuth

The Supreme Court recently provided guidance on the operation of the ‘SAAMCO’ cap in the landmark case of BPE Solicitors v Hughes-Holland.

This article, by Ian Masser and Ben Spannuth, considers the key points of the judgment and its potential impact on construction professionals (which has recently been the subject of much comment and hypothesis from practitioners).

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