Standard form building contracts play an important role in many construction and engineering projects. There are various advantages to using standard form contracts (as further detailed below), with a wide array of standard forms available to suit the particular types of parties, works and procurement routes involved in virtually all construction and engineering projects.Read More
By Kevin Greene and Saya Lee
In an eagerly awaited judgment, the Court of Appeal upheld the TCC’s judgment in Grove Developments Limited v S&T (UK) Limited, confirming that the employer may adjudicate to establish the “true value of the sum due” in a second adjudication.
In March 2015, Grove Developments Limited (“Grove”) engaged S&T (UK) Limited (“S&T”) to design and build a new hotel at Heathrow Airport under the JCT Design and Build Contract 2011 with amendments, for a contract value of £26.4m. Following a delay of over 5 months, practical completion was achieved in March 2017. The parties subsequently conducted an adjudication to decide if Grove’s pay less notice dated 18 April 2017 was invalid on the basis that it was served late.The adjudicator decided, in S&T’s favour, that the pay less notice was invalid.Read More
The judgment of O’Farrell J in Swansea Stadium Management Co. Ltd v Swansea City and County Council ( EWHC 2192 (TCC)) provides guidance on collateral warranties and acts as a warning for any potential claimants to be mindful of any limitations of time in which to commence proceedings under them.Read More
It is difficult to imagine a complex infrastructure project without the participation of subcontractors. In Poland, where large projects are often contracted to foreign companies, local subcontractors play an important role. This was also the case prior to the EURO 2012 football championships, when subcontractors were heavily engaged in the construction of roads and railways necessary to secure access to the newly built football stadiums. However, the EURO 2012 also resulted in a wave of bankruptcies and liquidations of Polish subcontractors, who suffered due to payment withholding, warranty deposits, contractors’ bankruptcies and lack of financial liquidity along the supply chain.
The European Commission (“Commission”) presented this initiative in the context of a proposed revision of the EU framework on consumer protection. The “Package” (as the name goes when several independent legal texts are intended to be negotiated together) called “New Deal for Consumers,” builds on the Commission review of consumer law rules that was conducted as part of the so called Regulatory Fitness and Performance Program (REFIT). This is a policy program intended to keep EU law simple, removing unnecessary burdens and adapting existing legislation without compromising on policy objectives.
Whether the lapse of the 28-day notification period under sub-clause 20.1 of the International Federation of Consulting Engineers (FIDIC) Red and Yellow Books renders the contractor’s claim time-barred has been a point of interest for courts in civil law jurisdictions for years. Polish courts have also not shied away from commenting upon the legal nature of sub-clause 20.1. The legal landscape seemed relatively settled in this regard until March 2017, when the Supreme Court took an unequivocally pro-employer perspective on the matter.
Please Join Us at the Conference and use our Sponsor Discount Code for 20% Savings
We will be sponsoring and presenting at this year’s Global EPC Contract & Risk Management Conference on October 12-13, 2017 at the Millennium Gloucester Hotel in London. We have negotiated a special discount for our clients and contacts on the conference fee.
London partner, Matthew E. Smith will be speaking on the role of insurance and cost reduction in EPC contracts and also moderating the panel on Understanding Contract Compliance with Procurement Strategies and Policies.
Seattle partner, David P. Hattery will be speaking at the panel on Ensuring Subcontractor Buy-In When Preparing and Entering Contracts.
NEC4, the next generation of the NEC suite of contracts, was released on 22 June 2017. It includes significant developments and reflects current best practice throughout the construction industry.
Please join us at our London office for a breakfast briefing on the key changes and what they will mean for you. Even if you are not changing to NEC4 imminently, it may be useful to consider any NEC4 changes you might want to take advantage of now in your current negotiations on the NEC3 forms.
Topics for discussion will include:
- Overview of NEC4 changes – the “big picture”
- Practical implications of programming and time-related changes
- Changes to the payment provisions and the Main Options
- Other key changes and implications of NEC4 going forward
To RSVP, click here.
By Łukasz Gembiś, K&L Gates, Warsaw
In February 2017, the Ministry of Infrastructure and Construction announced the introduction of the “New standards in road construction” aimed primarily at regulating the balanced division of risks in roads construction contracts. Among many changes that have been made to the new model of public procurement contracts in road construction, special attention should be paid to returning – after many years of absence – arbitration as the preferred method of settling disputes between public investors and general contractors in Poland.