In order to implement the Government’s social distancing rules the CLC has now issued new operating procedures for construction sites

Whilst the coronavirus outbreak has severely disrupted many projects, construction operations have not been suspended by Government and disputes in respect of them will continue to occur: indeed, the crisis may increase their incidence. Therefore, parties may wish to know whether they can still adjudicate.

Employers, contractors and subcontractors on existing projects will need to understand their rights and obligations in view of the problems caused by coronavirus.

Those problems are exacerbated by the Government’s current equivocal response to the crisis: construction operations are not (yet) prohibited, but have been rendered immeasurably more difficult. Contractors and subcontractors, in particular, will be looking to see whether the law can help.

Following a twelve week consultation undertaken by the Gambling Commission, it has announced that, as of 14th April 2020, gambling businesses are to be banned from allowing consumers to use credit cards to place bets.

The UK officially left the European Union (EU) on 31 January 2020 at 11pm, ending 47 years of membership.

The “transition period”, provided for by the Withdrawal Agreement Act 2020, applies from 1 February 2020 with a deadline for the transition to complete by 31 December 2020. During this time, the UK will continue to be subject to EU law while seeking to secure a permanent trading agreement. Although the status quo is maintained in the interim, so that the short term impact to business is limited, there are immediate changes.

Francovich damages are damages against an EU member state for failure to implement or breach EU law, as first defined in Francovich and Bonifaci v Italy. In the Court of Appeal case of Secretary of State for Transport v Arriva Rail East Midlands Ltd and others [2019] EWCA Civ 2259, the Court had to decide the applicable limitation period for the bringing of a Francovich claim: in this case, arising in respect of a public procurement process.

A common cause for dispute in commercial contracts is the termination, or threatened termination of the contract. Often, the party seeking to terminate the contract asserts the right to do so based on the counter-party’s breach of their obligations. There can be grave consequences for the terminating party if their view of the legal position is mistaken. This update covers the fundamentals of termination rights and how to navigate a safe exit from commercial contracts.

We are proud to announce that our CEO, Arianne King, has been announced as Acquisition International Magazine's "Most Influential Woman in Commercial Law -UK, 2019".

The award showcases Arianne’s exceptional skill and knowledge in her field. Since Costigan King (formerly trading as Al Bawardi Critchlow) launched in 2016, Arianne has taken a lead role in the strategic management and developmental growth of the firm.

The Hackitt Report into the Grenfell Tower disaster will have a lasting impact on the UK construction industry. Our managing partner, Arianne Elise King, explains how, to Build Magazine.

Whether practical completion (PC) has been achieved on a construction project is perhaps one of the most fertile grounds for dispute and has potentially wide-reaching implications.

Despite this, the term is used by lawyers and construction professionals so frequently, and with such conviction, as to defy anyone to debate its meaning. This norm may be considered surprising in light of the fact that the term is so rarely defined in construction contracts.

Adjudication has long been considered an affordable and predictable alternative to litigation. With our new capped fee structure, we are taking these benefits one step further, giving clients additional peace of mind over their fees and, more importantly, their cash flow.

Last month, Arianne King participated in a lively panel discussion at the Society of Computers & Law Conference on “Blockchain, Cryptocurrencies and ICOs.”

The panel discussion highlighted the fact that blockchain is something everyone is talking about, but not everyone understands in detail.

Over the next few months, we’ll be highlighting the major landmines that lay hidden in these schedules, starting with one of the most common traps: fitness for purpose. While such a clause may seem innocuous, a fitness for purpose clause can have disastrous consequences.

Our own Arianne Elise King explains all to UK Construction Media.

The construction industry is a complicated business. For the largest tenders, bids tend to be won by a major contractor, that – in order to boost its man power or to gain access to highly specialist skills…