Construction
03 May 2017

Limiting Your Liability – Drafting Liability Caps

Limitation of liability clauses are one way in which businesses can manage risk and control their maximum potential financial exposure. As a result, limitation of liability

Construction
26 April 2017

NEC4: enhancing NEC3

After 12 years of NEC3 and its approach to proactive project and risk management, NEC releases NEC4 on 22 June 2017. NEC has described this as an evolution but not a revolution

Construction
10 April 2017

Potential liabilities in construction industry

Clarkslegal takes a look at modern slavery in the construction industry and outlines some actions employers should take to protect their workforce and their reputation

Construction
29 September 2016

The Battle of the Forms Continues

Those involved in ordering goods and services or putting contracts together will know that, unless individually negotiated, it can sometimes be difficult to know whose terms are incorporated into the final contract. The circumstances giving rise to this are frequently referred to as the Battle of the Forms.

Construction
24 June 2016

EU Referendum: Where does the “Brexit” leave the construction industry?

We now have the results of the EU Referendum confirmed: the UK has voted to leave the EU, by 52% to 48%. In the immediate, sterling has tumbled and the stock markets have plummeted. The question now is what impact this will have on the construction industry.

Construction
09 May 2016

The reformulated penalty rule

Following the decision in Cavendish Square Holding BV v El Makdessi and ParkingEye Ltd v Beavis when drafting liquidated damages provisions, parties should identify and document the applicable legitimate business interest that necessitates liquidated damages. Parties should then consider whether the remedy for breach is ‘extravagant, exorbitant or unconscionable’.

Construction
09 May 2016

Measuring the environmental performance of a building through BREEAM

Clauses which deal with BREEAM requirements are commonly used in professional appointments and building contracts. This article summarises what BREEAM is and what parties to a professional appointment or building contract should consider when using BREEAM.

Construction
28 April 2016

Clarkslegal’s Construction Team obtains landmark Judgment in the Technology and Construction Court

Following the leading Judgment of Mrs Justice Carr in the Technology and Construction Court issued on 14 April in the case of Stellite Construction Limited v Vascroft Contractors Limited, Clarkslegal’s specialist construction law team acted for Vascroft Contractors Limited

Construction
05 February 2016

Is the winding up route a viable solution for non-payment?

Cash flow is the life blood of every construction company. Failure to manage cash flow could lead to the demise of the company, which makes getting paid quickly by clients crucial.

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