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Tuesday 5 November 2019
Jeffrey Brown is a partner in the London office of Veale Wasbrough Vizards
The insurance market for contractors is increasingly tough, and not just on cladding-related work
A damages claim for delay can include head office overheads and lost profit if certain conditions are met
Terms limiting liability must not only be fair but must also correspond with a service provider’s standard terms of business
Subcontractors should beware of disqualifying themselves from being covered by the contractor’s project insurance
Jeffrey Brown considers building owners’ potential liability claims against architects and contractors for replacing high-rise cladding
NEC4 contains subtle changes to clause 61.3 that relate to compensation events and which await judicial clarification
Expert reports are not ‘expected or required’ in the new edition of the pre-action protocol for construction disputes. But construction claims have less chance of settling without them
Where a contract insists all changes must be in writing, what effect should there be when changes are introduced following an oral agreement? A recent Court of Appeal case provides guidance
Disclosure of correspondence will be sought by subcontractors in litigation with main contractors. But can they withhold details of settlement agreements?
A recent case that revolved around a party’s liability in relation to asbestos has highlighted once again the importance of clear contract drafting
A recent decision shows the consequences of failing to disclose material facts to insurers - dangers the Insurance Act 2015 should help alleviate
Unless the employer serves its payment or pay less notices, it should expect to pay the amount applied for - irrespective of the true value of the work actually carried out
A recent case shows how contractors wishing to insure against liabilities need to be clear about the meaning of key words
The judge’s comments in a judgment around extensions of time provide future guidance
The Insurance Bill should put an end to ‘basis of contract’ clauses that allow an insurer to avoid liability if a statement in the proposal form is incorrect
BIM is supposed to help eliminate design risk but the different parties on a project must make sure that their responsibilities and liabilities are clearly defined
Last winter’s storms and flooding caused damage to existing buildings and those in the process of being constructed. But who bears the liability for delays to ongoing building projects?
The new NEC3 contract features mechanisms to change contract prices and completion dates, under certain circumstances. We look at compensation events
A contractor tries to delay paying its subcontractor, arguing that it cannot reclaim the money later if the other firm goes into administration. What did Mr Justice Ramsey think?
Who carries responsibility if the ground conditions necessitate a design change in a building project?
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