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Construction Foundation Newsletter June 2016

  • United Kingdom
  • Construction and engineering - Foundations
  • Litigation and dispute management

20-06-2016

Welcome to Foundations, our construction and engineering monthly newsletter. Foundations will update you with details of what we think are the top three court cases decided in the previous month, a summary of important legislation changes or proposals, and a paper providing insight and guidance on a particular area of construction law and practice in the UK (UK insight) and internationally (International Insight). We hope you find our newsletter useful and informative.


Uk insight

Bribery, corruption and slavery: assessing the risk to your business

The UK Bribery Act now represents the most expansive and stringent anti-corruption practice in the world. This article will assist in guiding your business through the minefield of risks associated with the new era of bribery, corruption and anti-slavery provisions.

Read the full article


Top 3 cases 

J Murphy & Sons Ltd v W Maher and Sons Ltd [2016] EWHC 1148 (TCC) (23 May 2016)

A case examining a dispute as to when there has been a full and final settlement agreement between the contractual parties of the final account, whether the dispute arises “under" the sub-contract or under the alleged settlement agreement, or even both.

Read the full article


 

Carillion Construction Ltd v Woods Bagot Europe Ltd & Ors [2016] EWHC 905 (TCC) (28 April 2016)

Whether an extension of time should run contiguously from the existing date for completion and whether the contractor's agreement with the employer concerning its liability for liquidated damages under a building contract extinguished its liability, thereby preventing a claim against its sub-contractors.

Read the full article


AMEC Foster Wheeler Group Ltd v Morgan Sindall Professional Services Ltd & Anor [2016] EWHC 902 (TCC) (04 May 2016)

 

 

The court considered liability for ongoing projects under a business sale agreement that transferred a construction business from one contractor to another in addition to deciding the scope of a certificate of making good defects.

Read the full article


Latest legislation

The Enterprise Bill 2015-16 

The Enterprise Bill 2015-16 (“the Enterprise Bill”) was introduced by the Department for Business, Innovation and Skills. On 4 May 2016, the Enterprise Bill received Royal Assent and is now known as the Enterprise Act 2016 (“the Enterprise Act”). The Enterprise Act follows the Insurance Act 2015 (“the Insurance Act”) (see the October edition of our Foundations e-briefing), which the Government described as “the biggest reform to insurance contract law in more the a century”.

Read the full article


Training

Upcoming webinars: Join us in July for a short webinar discussing a recent piece of case law and its implications to the construction industry.

To register or for further information, please contact Selina Davies.


What is troubling you?

Foundations is produced to help you. If you have a particular issue or area of law that you would like us to cover, then email construction@eversheds-sutherland.com and we will endeavour to address it in a subsequent edition of Foundations.  

For more information contact

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