Category: Legal
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Q&A: what happens when good faith is breached in construction contracts?
Contracts will often contain a clause which says that parties must act in good faith in relation to one another. The recent case of Matière SAS v ABM Precast Solutions Ltd discussed what the extent of that duty is – and what happens if it is breached. Jane Hughes answers this Q&A. Image: Olivier Le…
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‘Are facilitation payments the same as bribery?’
The company I work for is building a series of apartments in Dorset. The heating contractor has offered me an opportunity to ensure we get their best people and a faster delivery of the projects, if we can guarantee him the next six contracts. In return, the contractor is willing to provide me with what…
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The smoke clears on whether rooftop gardens are higher-risk buildings
In the latest twist to higher-risk building confusion, the Upper Tribunal has regretted that the First Tier Tribunal spent time debating an issue it had no jurisdiction over. Simon Lewis and Michelle Essen explain what happened. During the Remediation Order application, a specific issue arose about whether a rooftop garden that was not enclosed was…
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Building Safety Levy Q&A: everything construction needs to know
In this Q&A, Simon Lewis and Michelle Essen set out some important information about the levy so construction can get to grips with it before its implementation in autumn 2026. (Image: Erix2005 via Dreamstime.com) So much has been said about the levy these past few years – can you summarise the current position? Following this,…
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JCT updates ‘may catch out the unaware’
With JCT 2016 due to be taken out of print next year, experts are urging users of the suite to understand changes in the 2024 contract. The subject was discussed at a CIOB Midlands CPD event focused on two key topics shaping the future of construction: JCT 2024 contracts and the Building Safety Act. A…
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How construction is incorporating ESG into contracts
Ahead of World Environment Day on 5 June, Amy Hodge and Ciara Fieldsend explore how ESG clauses are becoming more common in construction contracts, and share some examples of their use. (Image: Dzmitry Auramchik via Dreamstime.com/AI-generated) Environmental, social and governance (ESG) considerations are increasingly important in the construction industry. As laws and client expectations evolve,…
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‘How can I fight a wrong adjudication award?’
This month’s contract clinic question comes from a contractor on the sharp end of an adjudication award over a cladding remediation project. Nicholas Zeolla sets out the options for contesting an adjudication. The question: Help – I have received a (wrong) adjudication award against my construction company as a result of a dispute over costs…
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what you should know about the URS v BDW ruling
Tim Hillier and Olivia Jenkins explore the impact of the recent landmark building safety Supreme Court judgment in URS Corporation Ltd v BDW Trading Ltd. (Image: Andrew Howson via Dreamstime.com) Although the judgment did not decide the outcome of BDW’s underlying claim for the recovery of losses from URS, it nonetheless provides useful guidance regarding…
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‘Should we worry about Middle East contract law?’
Building relationships, rooted in respect for family values and friendship, is a vital part of business interaction. In the construction sector, the contract is often viewed as a secondary tool, referred to as a last resort. Therefore, it’s common for claims related to time extensions or payments to be resolved through negotiation, often near project…
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On WhatsApp contracts and the validity of payment applications
The Court held that the informal WhatsApp conversation constituted formal acceptance of Fincham’s quotation, forming an agreement. As this was a commercial transaction, the intention to create legal relations was presumed, thus confirming that a formal contract had been formed. View the original article and our Inspiration here