Coronavirus Construction Update: a view of the effects of COVID-19 on the industry and our insights for those using the JCT suite of contracts On construction projects, the COVID-19 pandemic has meant there have been closures of sites aplenty; there will almost certainly have been reduced staff at manufacturing facilities, and even as the UK slowly returns to work, there [...]
We are delighted to welcome Luke Turtle to Teacher Stern as he joins our successful litigation team. Luke brings a wealth of commercial litigation experience and will be a crucial part of the ongoing development of the dispute resolution offering from Teacher Stern. On joining the team, Luke commented, “I am looking forward to working with my clients and providing [...]
Teacher Stern LLP is delighted to announce a new senior promotion Robert Tunningley has been promoted to Partner in the construction team. Robert joined Teacher Stern in 2018, from Linklaters, as Senior Associate. He has spent the last two years acting on a wide range of construction matters for both new and existing clients, significantly increasing the construction offering at [...]
In construction projects parties often require time to agree to terms of a finalised building contract. A standard building contract, especially the JCT version, can be lengthy and substantial, requiring attention and negotiation before the parties can agree terms. At the same time, employers must juggle their requirement to ensure terms provide sufficient protection against commencing works on site. It [...]
A recent judgment handed down by the Technology & Construction Court in Freeborn & Goldie v Dan Marcal Architects [2019] EWHC 454 (TCC) is significant in a number of respects, namely the importance for architects and other construction professionals to keep accurate chronological records of their work and the losses which can flow from negligence claims. Facts The case concerned [...]
The liquidation of developers, contractors and sub-contractors are a regular occurrence in both large and small scale construction projects, with the insolvent company often left with claims against other firms involved in the development. The right to adjudicate and then make use of the summary judgment route to enforce the adjudicator’s decision has long been the most powerful tool at [...]
Christopher Philpot, Senior Associate in the Dispute Resolution & Contentious Construction Team at Teacher Stern LLP considers the recent decision of the Supreme Court in Rock Advertising Limited v MWB Business Exchange Centres Limited and the potential impact on parties who verbally agree variations to contract works in circumstances where the contract contains a clause prohibiting oral modification. No Oral [...]
A recent decision in the TCC has established an additional ground to stay enforcement of an adjudicator’s award which, in certain circumstances, could make enforcing an adjudicator’s award more challenging. Case Background Fraser J in Gosvenor London Limited v Aygun Aluminium UK Limited identified a new ground for a party to rely on to stay enforcement of an adjudication award. [...]
Following an emphatic victory for our Claimant client in the Technology and Construction Division of Central London County Court, the Defendant tried to appeal, challenging almost every finding of fact. In the High Court Kerr J dismissed the application for permission to appeal, referring by analogy to the Court of Appeal’s unwillingness to investigate findings of fact made by the [...]
The details of how Bank of Scotland rushed older borrowers into hugely expensive mortgages where their debt rose with house prices have been revealed by a This is Money investigation. Evidence has emerged that the bank - which has previously been criticised for sharp sales practices - hurried customers approaching retirement into signing up to shared appreciation mortgages without financial [...]
