Our collective thoughts

Posted September 30, 2022 | Published in Contracts & documentation

Insolvency of the main contractor: 15 top considerations for the employer [1]

Having acted for employers on four projects in the past year where the main contractors have become insolvent, Martin Ewen reviews his top 15 actions for employers to consider when faced with main contractor insolvency.

The Building Safety Act: significant changes since the Bill [3]

Roma Patel considers the new rigorous regime under the Building Safety Act with respect to new obligations and an increase in liability across the building sector since the Building Safety Bill received Royal Assent.

Collateral Warranties: Are They Simply Construction Contracts? [5]

Ruth Leake considers the recent Court of Appeal case Abbey Healthcare (Mill Hill) Limited v Simply Construct (UK) LLP and the meaning of a “construction contract” under the HGCRA with respect to collateral warranties.

Van Oord v Dragados: To frolic is to fail … if you’re an adjudicator. Adjudicator’s decision not enforced due to a breach of natural justice [7]

Adele Parsons considers the Scottish case of Van Oord UK Limited v Dragados UK Limited, the circumstances when an adjudicator’s actions amount to a breach of natural justice, and the practical implications for adjudicators.

Bexheat v ESG: a paying party’s immediate payment obligation trumps its entitlement to commence or rely upon a “true value” adjudication [9]

Matthew Simson considers the case of Bexheat Limited v Essex Services Group Limited and whether a paying party’s immediate payment obligation trumps its entitlement to commence or rely upon a “true value” adjudication.

Money for nothing? An adjudicator’s right to fees if they resign [11]

Laura Bowler considers the recent Court of Appeal case Steve Ward Services (UK) Limited v Davies & Davies Associates Limited and an adjudicator’s right to fees if they resign.

Outer Space Law, Legal Policy and Practice [13]

With space activities continuing to gather interest and serious business activity, much has happened since the first edition in 2017 of Outer Space Law: Legal Policy and Practice. In this blog, Nicholas Gould considers what’s new in the second edition, due for publication in April 2022, including a review of his chapter which deals with dispute resolution in relation to outer space activities.