Construction and Engineering
Those in the construction and engineering industries can feel secure in our team’s extensive knowledge and experience. Projects, Commercial Property, Public Law, Corporate and Banking Departments supplement the team, comprised of specialist Construction Lawyers and Engineering Solicitors.
- Advising on a tender / contract documentation relating to J29 M5 works (Clyst Honiton Bypass) and Plymouth City Airport Link Road.
- Advising a local council on its Capital Works Framework Agreement, including call-off / template contracts for civil engineering works / road contracts - drafting bespoke schedule of amendments to the NEC3 provisions.
- Acting for banks on security documentation for funds advanced in respect of the construction of various commercial and residential developments.
- Advising a joint venture company on a new £30 million Biomass energy plant.
Ashfords in depth knowledge and expert advice on the NEC form of contract put us one step ahead of the competition and let us proceed with confidence along this procurement route. Their training session was tailored to our needs and very user friendly. I wouldn’t hesitate to recommend them.
New CJC guidance on instructing experts takes effect
The Civil Justice Council's ("CJC") guidance on the instruction of experts in civil claims (the "Guidance") formally came into effect on 1 December 2014. The Guidance replaces the CJC Protocol for the Instruction of Experts (the "Protocol"), which was annexed to Practice Direction 35 of the Civil Procedure Rules.Read more
Appropriate Deductions for Third-Party Rectification of Defects
The JCT Intermediate Building Contract 20011 edition ("IC11") provides for an "appropriate deduction" to be made from the Contract Sum where an Employer instructs alternative contractors to remedy faults in works which are not made good by the original Contractor within the rectification periodRead more
What the new Commercial Debt Rules mean to you
Stephen Homer's article in Master Builder looks at the Late Payment of Commercial Debt Regulations that came into force earlier in the year and what they mean for your business.Read more
The importance of an agreement to arbitrate
Finding workable alternatives to litigation is an important aspect of construction law, and as a result many construction contracts contain an 'arbitration clause', whereby parties agree to attempt to resolve any disputes that may arise through the arbitration process rather than resorting to court proceedings.Read more
An object lesson for design professionals
Stephen Homer's article in Master Builder looks at the standards required from Project Managers in Construction, and the difficulties in reducing liability with ambiguous terms.Read more
BIM - The Good the Bad and the Law
The 2016 central government target, requiring level 2 BIM to be employed for its projects has generated much trade discussion.Read more
High Court ruling highlights limits on third party rights to adjudicate
In the recent case of Hurley Palmer Flatt Ltd v Barclays Bank plc  EWHC 3042 (TCC), the Technology and Construction Court held that a third party was not entitled to adjudicate a dispute which had arisen under a professional appointment. On the facts, there was no right under the contract itself, nor a right under the Contracts (Rights of Third Parties) Act 1999 (the "Third Party Rights Act"), for the third party to commence adjudication proceedings.Read more
A discussion of the key changes proposed to the CDM 2007 Regulations
In March 2014, the Health and Safety Executive ("HSE") published a consultation document on the proposed changes to the Construction (Design and Management) Regulations 2007 and the linked Approved Code of Practice, including a copy of the draft Construction (Design and Management) Regulations 2014.Read more
Fixed-price contract: Financial consequences of variations
A construction contract often contains a variation clause allowing some flexibility in the scope of works. Variations are usually qualified as either additions or omissions to the initial scope of works.Read more
Cost Consequences of Ignoring an Invitation to Mediate
The Technology and Construction Court ("TCC") is known to endorse the use of Alternative Dispute Resolution ("ADR"), and there is a reasonable chance that during the course of a construction dispute some form of ADR mechanism will be encountered.Read more
Late payment of commercial debts - are you aware of the changes?
The Late Payment of Commercial Debt Regulations 2013 ("the Regulations") came into force on 16 March 2013 however there appear to be a number of businesses that remain unaware of the changes. These changes apply to contracts for the supply of commercial goods and service that are entered into on or after 16 March 2013. They do not apply to contracts entered into before this date.Read more
Nuisance claims relating to spillages onto another's land
The continued importance of proving fault in the absence of a claim under the rule in Rylands v Fletcher.Read more