Global menu

Our global pages

Construction Foundations newsletter - October 2015

Construction Foundations newsletter - October 2015

  • United Kingdom
  • Construction and engineering - Foundations



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.

International Insight

Maximising foreign investment protection for international construction & engineering projects

Recent years have seen an increase in the amount of cross-border activity in the construction and engineering sector, particularly in projects in developing economies. This article explores the features of a Bilateral Investment Treaty (BIT), investments under the Treaty and ways to ensure that a foreign project is sufficiently protected.

Read the full article

UK Insight

Going with the flow - the use of "flow down" clauses in construction subcontracts

Flow-down clauses can provide a “simple” route to ensuring consistency between the terms of the main contract and subcontracts.  However, ensuring such clauses are effective requires time, drafting and pragmatic negotiations.  Treating them as a short cut can prove a trap for the unwary.

Read the full article

Top 3 cases

Applications for payment must be clear and identify the relevant interim payment date 

The recent case of Henia Investments Inc v Beck Interiors Ltd [2015] EWHC 2433 (TCC) emphasises the need for notices to be issued in strict compliance with the contract.  Of particular interest are those parts of the judgement that relate to applications for interim payments.

Read the full article

An adjudicator's ability to interpret an oral contract

The recent case of Wycombe Demolition Ltd v Topevent Ltd [2015] EWHC 2692 (TCC) provides some guidance and confirms that an adjudicator will have considerable latitude to draw his or her own conclusions as to the nature and terms of the contract.

Read the full article

Funders cannot escape liability for contributory negligence

In the recent case of Lloyds Bank Plc v McBains Cooper Consulting Ltd [2015] EWHC 2372 (TCC) the Court considered the extent to which a funder could recover losses from a negligent technical adviser despite the Funder’s failures to properly engage with the technical adviser at the relevant times.

Read the full article

Latest Legislation Update

This month’s legislation update illustrates how the Insurance Act 2015, which comes into force in August 2016, changes an insured party’s duty of disclosure.

It also covers what you need to know about the 2005 Hague Convention on the Choice of Court Agreements (which came into force on 1 October 2015), and the key changes to the principal designer role now that the transitional period under the CDM Regulations 2015 has ended.

Read the full article


Exclusion and limitation clauses

An overview of exclusion and limitation clauses in the context of construction & engineering contracts addressing:

  • what are exclusion and limitation clauses?
  • express and implied clauses;
  • their interpretation and incorporation into the contract; and
  • common exclusions and limitations included in construction & engineering contracts

Watch the webinar here

For more information contact

< Go back

Print Friendly and PDF
Subscribe to e-briefings