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art
  • 30 May 2017
  • Construction

Raconteur article: Risk management for employees

Dispute Resolution Partner Stephen James provided Dan Matthews at Raconteur with an expert opinion on how companies can prepare their employees for the unexpected.Risk management has never been more important- stories of computer viruses, crashed systems and unsettled Governments have been flooding the news in the last few weeks, and having a risk strategy is a crucial part of an organisation's defence.
art
  • 03 May 2017
  • Construction

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
art
  • 26 April 2017
  • Construction

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
art
  • 10 April 2017
  • Construction

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
art
  • 29 September 2016
  • Construction

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.

art
  • 24 June 2016
  • Construction

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.
art
  • 09 May 2016
  • Construction

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’.

art
  • 09 May 2016
  • Construction

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.

art
  • 28 April 2016
  • Construction

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
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