Association of Women Contractors’ Post

REMINDER: Join us in Chambers for this evening's CPD, presented by Lucas Shipway and Garth Campbell at 5:30pm Recent decisions interpreting the statutory duty of care imposed by section 37 of the Design and Building Practitioner’s Act 2020 have made it clear that almost any person involved in the construction industry is subject to the new statutory duty of care and may be sued for defective work if they breach that duty. While this appears like a boon for plaintiffs in building and construction actions, there are strict rules that can make pleading and evidencing such a claim a difficult exercise, and care must be taken lest the cost of pleading and prosecuting this cause of action outweigh any potential benefits. Garth Campbell and Lucas Shipway will discuss the recent decisions in this area, the impacts on pleading for both plaintiffs and defendants, and also where the law in this area may be headed. We hope you can join us. Drinks and canapés will be served following the presentation. CPD Live stream link to follow.

They say the cases you work on as a junior will stay with you forever. And this case will certainly go down in the history books… quite possibly! When I was told back in August 2023 that the first seat in my TC was Construction, I did not know what to expect. Construction was not an area I had considered, due to not studying it at uni. I asked friends who’d done experience in the area and received mixed responses. As such, I decided to have an open mind and give it my best shot. Never in a million years did I think that one of my first cases would be named as one of the Top 20 Cases of 2024! If the case goes to trial, the court will have an opportunity to delve into the realms of building and fire safety, and the new legislation. In the atftermath of Grenfell, this could not be more prominent. During my 4 months at Brabners, the Construction team have very kindly allowed me the opportunity to work on this case and carry out tasks that have taken me to the “nitty gritty” of the matter. The knowledge I have gained, and the skills I have developed has been amazing! I would like to thank Jennie Jones, Chloe Harrison, Stephen Moon, Barnaby Prees and Imogen Duck (our honorary Construction team member!) in particular for involving me, and trusting me with the responsibility of the tasks! I hope that after reading this post, you’ll learn how important it is to stay open minded. It can sometimes be tricky, especially if you have had your heart set on something for some time. However, because I was open minded, I not only had the chance to work on a case which could potentially set a precedent for the industry; I also fell in love with Construction law itself. It is a dynamic, fast-paced and varied area of law - my favourite combination. And, up until August 2023, I had no idea it even existed! Thus, I want to say to all my connections, no matter what level of your career you are at: stay open minded. You never know what can happen! For my connections who are seeking training contracts, I hope you now realise that I’m really not joking when I say I love working at Brabners because of the opportunities you have! This post is proof! No matter what experience you have, Brabners will get you involved as much as possible, to further your development! And this is not just within Construction. Other departments are working on equally exciting matters! If you would like to find out more, I encourage you to attend one of our Insight Days, details of which can be found on our website. I am excited about the outcome of this case if it goes to trial. It is unfortunate that I will not be with Construction when it does, although no doubt I will be working on equally high profile matters in what will then be my third seat (a scary thought)! However, I do intend to pester (sorry ask haha) the team for updates (apologies in advance!) Anyways, must go as lots of work to do… on this case no less! Happy Wednesday! #Brabners #trainingcontract #constructionlaw

📢 Don't Miss Out: Upcoming Online Session! 🚨 Mark your calendars for February 28, at 2:00 PM for a crucial discussion on "The Building Safety Act 2022 and other Post-Grenfell Legislation." After the Grenfell Tower disaster, the landscape of building safety and the conveyancing for flats have undergone significant transformations. We're thrilled to have Richard Snape, Head of Legal Training at Davitt Jones Bould, to explore the nuances of the Building Safety Act and the recent legal amendments impacting property professionals and leaseholders. What we'll explore: 🏗️ The Building Safety Act 2022 and modifications to building regulations. 🛡️ Leaseholder protections: addressing challenges with qualifying leaseholders, landlord’s certificates, and leaseholder deeds of certificate. 📆 Recent changes to lease extensions as of December 26, 2023. 🏠 Registration and requirements for higher-risk buildings by specific 2023 and 2024 deadlines. 🔥 Insights into The Fire Safety Act 2021 and amendments to the Fire Safety Order 2005. This session is indispensable for property professionals, leaseholders, or anyone keen on the legal shifts post-Grenfell. 👉 Book your spot now! https://lnkd.in/dQ7DR8vU

McCarter partners Daniella Gordon, David Sullivan, and Cara Wulf, together with Jim McMahon, discussed white collar issues in construction at the annual Construction Super Conference. They addressed enforcement trends and priorities in government contracting, recent changes in the law, and best practices for compliance. #governmentcontracting

This Tuesday, join Richard Volack, partner in P&A’s New York office, for an intriguing discussion on “Defend, Indemnify, and Hold Harmless Terms in Construction Contracts: Key Differences, Distinct Obligations,” a live 90-minute CLE video webinar with interactive Q&A, hosted by Strafford. Explore the critical differences between commonly used risk allocation terms in contracts–namely, defend, indemnify, and hold harmless–and how these apply to construction projects. The panel will examine each term’s nuanced meaning and distinct obligations, review current case law and statutory authority demonstrating differing jurisdictional interpretations, and provide best practices for drafting these terms. Click the link below to learn more and register. #construction #constructionlaw #PeckarAbramson

This is a really thoughtful empirical analysis by several of my WilmerHale colleagues of a tricky doctrinal issue that always plagues my Harvard Law School students: what to do with the Thorner doctrine in claim construction? Worth a read.

CLCA offers members 13 different landscape construction and maintenance contracts and legal forms, all reviewed by a construction law attorney to include terms and conditions specific to the landscape industry. Unlike many forms from national organizations, ours comply with California’s unique laws. These easy-to-use “fill-in-the-blank” PDFs make your job easier. Featured This Month: • Form 101: Residential Landscape Home Improvement Contract. Includes a force majeure clause, a “Five-Day Right to Cancel” form for contracting parties 65 years or older, and a “Three-Day Right to Cancel” form for contracting parties under 65. Pro-tip: Utilize CLCA’s no-cost Attorney On Retainer to ensure that desired alterations do not invalidate the contract. Stay legally safe and compliant! Visit https://lnkd.in/gEiwKUNs to become a member and access these essential legal forms today. #clca #californialandscapecontractorsassociation #connect #learn #grow

One week until our complimentary CLE webinar, Sword and Shield: Practical Tips for Defect and Professional Construction Disputes. Sponsored by Copeland, Stair, Valz & Lovell, LLP, join speakers W. Matt Wayne, of Copeland, Stair, Valz & Lovell, LLP and Jordan Teich of Copeland, Stair, Valz & Lovell, LLP as they navigate a discussion on current construction defect trends.   Topics include: -Before breaking ground, where it begins -Construction Defects – Design, defects, and defenses -Litigation v. AAA (a brief overview) – Pros & Con -Lien (lean) on good counsel (understanding complicated state and administrative concerns) -Brief contrast of residential v. commercial projects -A neutral’s perspective -5-tips to takeways   Register here today: https://lnkd.in/gDMk2g-s   #constructionlaw #constructiondefect #webinar #LegalInsights

There is still time to join us at our Spring Update in Exeter. Please join us on 5 March for a legal update covering #strategicland and #buildingsafety among others. #exeter #rics #property #planning

I'm happy to share an article that I wrote with two of my WilmerHale colleagues, regarding an important issue in patent law.    The article analyzes how key courts are performing the crucial task of claim construction—interpreting the words of a patent claim. The article identifies two disparate lines of case law that have emerged in Federal Circuit decisions, leading to divergent results in district courts. One line of case law says a claim must be given its ordinary and customary meaning with only two narrow exceptions (lexicography and disavowal). This line of case law, dating back to the 2012 Thorner decision, largely mirrors the Texas Digital standard that the en banc Federal Circuit rejected in Phillips. The article analyzes every substantive claim-construction decision over a one-year period in the Federal Circuit and four key district courts (NDCA, DDE, EDTX, and WDTX) to determine how frequently these courts invoke this line of case law. The article demonstrates that the claim-construction analysis is very jurisdiction-dependent and suggests that the Federal Circuit should clarify the standard for claim construction. The article’s data may be useful for analyzing patent litigation venues.