John Hughes-D’Aeth, partner, Berwin Leighton Paisner:

I was pleasantly surprised to see a few fellow lawyers at the RICS recently, for the launch of its New Rules of Measurement (NRM) and the accompanying QS & Construction Standards (the Black Book). I had thought this was classic “QS’ing for QSs” territory and that I was the only lawyer sad enough to be remotely interested. Maybe others were tempted by the (as it happens, rather good) free breakfast on offer. Or perhaps the prospect of another rallying call from the Chief Construction Adviser (Paul Morrell) was the big draw. Read the rest of this entry »

Simon Liddiard, principal solicitor, Berwin Leighton Paisner’s Managed Legal Service for Thames Water:

I was looking back over the files from an old adjudication where I had represented the responding party. This case was interesting because it was one of those claims where the referring party’s lack of preparation reversed the usual (and true) maxim that adjudication favours the referring party. Read the rest of this entry »

Claire McNamara, head of LDR know-how, Berwin Leighton Paisner:

Although much has been written about the proposed reforms to the civil litigation system, in many ways we remain slightly in the dark about how the changes, once implemented, will work in practice. In terms of how IT will assist in this, until the thirteenth lecture in LJ Jackson’s series of lectures aimed at explaining the reforms and the thinking behind them, we had heard little.  Read the rest of this entry »

Lindsay Collett, associate, Berwin Leighton Paisner LLP:

By now, you’ll no doubt have noticed that the ninth edition of Keating on Construction Contracts (Sweet & Maxwell, 2011) has arrived on your bookshelves.

Published earlier this year, the new edition has been eagerly awaited, not least because some of us were impatient to see what colour it was going to be (it’s a grey and orange combination this season, embellished with a touch of gold). More importantly, however, Keating has devoted an entire chapter (chapter eight) to delay and disruption claims. It’s a relief to see that it’s not just me who finds this a difficult area - the subject really is complex! Read the rest of this entry »

Natalie Wardle, senior associate, Berwin Leighton Paisner:

With the London 2012 Olympics now just around the corner, only time will tell whether the hotly negotiated liquidated damages (LADs) provisions in many “Games-related” contracts will be put to the test. We are involved in a number of projects where the timing of completion is absolutely critical, given the impending Games and the sheer number of visitors these will bring to the capital.

Contracts for retail, stadia, hotels and infrastructure have all been programmed and negotiated with the Games in mind. It is worth pausing a moment to consider the role of liquidated damages in these contracts and whether, given the extraordinary circumstances, they should be viewed in a different light. Read the rest of this entry »

Alexandra Clough, associate, Berwin Leighton Paisner LLP:

We all know that things change. What seemed like a good idea a few years ago, might now be less appealing. We may all cringe at old photos, at a past hairdo or choice of outfit. The same can apply in a commercial context. Added to that are the likes of continuing financial uncertainty, strikes, bail outs, currency fluctuations, cuts, revolutions and wars that have all changed the economic landscape, especially in the past year or so. We are increasingly asked to advise in situations where, although there has been no default, one party is trying to extricate itself from a contract. Read the rest of this entry »

 Oliver Stanway, senior associate, Berwin Leighton Paisner:

Recently a number of our employer clients have told us they are not entirely satisfied with the alliances that they have entered into. Whether this is a mere coincidence or represents a broader trend away from alliancing is unclear, but the list of complaints seems to be fairly consistent. Read the rest of this entry »

Sally Kerridge, associate, Berwin Leighton Paisner:

We’ve all been there - sitting quietly in our office when an adjudication referral lands on our desk. Straight away the clock is ticking and deadlines are looming. However, before you even begin drafting the response, there’s the small matter of checking whether the contract’s provisions are Construction Act 1996 compliant. This might be your first ground for challenge. You take a closer look and realise they aren’t. This is going to be a statutory adjudication under the Scheme for Construction Contracts 1998. Read the rest of this entry »

Gavin Johnson, associate, Berwin Leighton Paisner:

Benjamin Franklin once memorably wrote:

“In this world nothing can be said to be certain, except death and taxes.”

Litigation lawyers can be sure of one further thing: the issue of costs will be controversial. Read the rest of this entry »

Do you know your Tolent clause from your Santa Claus? Then why not test your knowledge of construction law? Berwin Leighton Paisner’s Christmas quiz is back and as challenging as ever. Read the rest of this entry »