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We built this city on increased checks and retrospective roles: a new regime for design and building in NSW
On 11 June 2020, the New South Wales Government enacted the Design and Building Practitioners Act 2020 (NSW) (the Act), conferring new obligations and duties on design practitioners, engineers and builders in a bid to reform the construction industry.
The world looks a little different since we wrote our introductory article about MMC back in March. Countries the world over have been significantly impacted by the novel coronavirus and have tried to prevent its spread through lockdown measures of varying degrees.
Case review 16/07/2020
Proceedings stayed by Head of the TCC due to “unreasonable and oppressive behaviour” by the claimant
Kennedys’ contentious construction team recently succeeded in being granted a stay of proceedings and security for costs in the Technology and Construction Court on behalf of the defendant, Donald Insall Associates (DIA) in which DIA was represented by Paul Cowan of 4 New Square.
There is no escaping the negative impact of the COVID-19 pandemic on the construction industry in Latin America, both on existing projects and future potential. Each government in Latin America has taken the precautions it has deemed necessary.
This update includes a round-up of recent court decisions dealing with design obligations in supply contracts and a number of issues relevant to adjudication, including: insolvency, Part 8 declarations, the correction principle and the interplay between “true value” and “smash and grab”.
Case review 08/07/2020
On 17 June 2020, the Supreme Court handed down judgment in the case of Bresco Electrical Services Limited v Michael J Lonsdale (Electrical) Limited reversing the Court of Appeal’s decision and holding that the two regimes of insolvency and adjudication are compatible.
We are delighted to confirm the promotion of thirteen lawyers to our partnership across practice areas including commercial, employment and healthcare, as well as specialist areas of insurance and liability that include cyber, property and construction, professional liability, travel, abuse and fraud. Eight of those promoted are based in the UK, with four in the US and one in Australia. Our worldwide partner count is now 264.
COVID-19: potential claims against construction professionals and its impact on ongoing and future disputes
The government has confirmed that construction sites across the UK should continue to operate. However, firms across the supply chain are being faced with difficult decisions about whether to temporarily close sites and, where sites remain open, the restrictions that need to be put into place.
Financial Conduct Authority has announced it intends to ask the courts to rule on whether a ‘representative sample of the most frequently used’ BI policy wording provide cover for COVID-19 related losses.
At a time when we work and live from home and everything may only roam free on the internet, many contracts were and will continue to be cancelled due to the pandemic outbreak the world is dealing with right now.