In this latest issue of the DGA Group, Part of TSA Riley Ebrief, I write about insolvencies within the UK construction industry, and how contractors can manage the associated risks.
This Ebrief contains other informative articles written by my colleagues and guest authors.
To access the articles and more information then please follow this link:
https://lnkd.in/euBcJ_Db
𝗖𝗛𝗔𝗦 𝗮𝗻𝗱 𝗦𝗠𝗔𝗦: 𝗪𝗵𝗮𝘁 𝗬𝗼𝘂 𝗡𝗲𝗲𝗱 𝘁𝗼 𝗞𝗻𝗼𝘄
Navigating accreditation schemes like CHAS and SMAS can feel overwhelming, but they’re vital for proving your compliance and winning more work in the construction industry.
At Subby, we’ve broken it all down for you in our latest blog: https://lnkd.in/eE5ujcr5
Whether you're new to these schemes or looking to refresh your understanding, this guide has everything you need to stay compliant and competitive.
#Construction#CivilEngineering#Building
"Here's the results of the FCL - Foster Contracting Ltd prize draw. Many thanks to all of those that attended Highways UK and took the time to visit our stand." - Our TD Craig will arrange to drop off the two prizes in due course.
Given the interest in our new gilets, we will have a chat internally and will look at the possibility of doing a focused Christmas draw.
As a business, we took the decision to stop procuring and giving away the typical bulk purchase corporate 'stuff', such as pens, rulers etc etc.
Lots of corporate give-aways end up going to landfill. Even 'stuff' labelled as sustainable sourced products, need to be manufactured and shipped, typically from Asia Pacific.
We are trying to limit our footprint, and prefer to invest these wasteful costs in other aspects of the business, which will ultimately lead to a much more sustainable business.
We hope you understand. Nothing beats a bottle of bubbly though!!
The great thing about events like Highways UK, Traffex [and the likes], is that they efficiently bring together our industry in a central location, and in a very well organised manner.
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FCL - Foster Contracting Ltd are delivering #Carbon and #Cost Savings by providing #Services, fostering #Innovation, championing #Sustainability, and exchanging #Knowledge.
We have multi-faceted #Collaborations with our industry, to engage, educate and upskill the supply chain, from subbies, contractors and Clients, to trade associations and overseeing organisations.
Technical Director for FCL, your Highway & Runway Maintenance Specialist Contractor.
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Delivering Carbon & Cost Savings by Providing Services, Innovation, Sustainability & Knowledge.
Here's the results of the FCL - Foster Contracting Ltd prize draw. Many thanks to all of those that attended Highways UK and took the time to visit our stand.
I'll arrange to drop off the two prizes in due course.
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For a call / meeting or an educational #LunchAndLearn session on reducing your maintenance interventions (and/or pavement thickness), contact me direct.
I cover the UK&I. Call me, let's meet in-person, meet on Teams or we can do a hybrid of these methods: craig.andrews@fcl.uk / 07355 679023.
Ridgemont 's Tim Seal explores the success of adjudication since Sir Michael Latham's 1994 report (link in the comments) for Building Magazine
The Latham Report ultimately led to the birth of statutory adjudication
Do you think adjudication has been a success?
What do you think are its strengths and weaknesses?
#construction#adjudication#constructiondisputes
The recent Scottish appeal court decision in FES Ltd v HFD Construction Group Ltd [2024] CSIH 37 has once again underscored the importance of strictly adhering to the notice requirements under the contract. In this case, the appeal court affirmed the decision of the lower court and ruled that the notification of claim for loss and expense is a condition precedent under the SBCC (and JCT) contracts. As we see in our practice often, the contractor's failure to issue timely notices could mean that it loses its right to recover its claim for loss and expense.
In our latest briefing, HFW's Andrew Ross and Arpan Gupta review the case and discuss the key takeaways.
Read the full article here: https://lnkd.in/evEkX6_G
To find out more about our Construction practice, visit: https://lnkd.in/eCh-dN7q#Construction#ConstructionLaw#ConditionPrecedent#Notices#LossAndExpense#JCT#SBCC#Recovery
#Notices: Get them in
Parties can sometimes be reluctant to serve notices under a contract. This can happen for a range of reasons: the point has been discussed informally, the party may think that the fact that an instruction or event may have a particular consequence may be obvious, or they do not want to appear 'too contractual'
A recent decision of #Scottish appeal court provides a cautionary tale about the importance of serving notices when required by the #contract.
My HFW#construction colleague, Arpan Gupta, with a little input from me (I translated the quaint phrases like 'reclaiming motion'....) explain more about the decision in this article
Three other important points arising from the decision:
1. #Courts and #Tribunals may sometimes take a practical approach to deciding if a party has got a notice in on time or in the right format. Here, the contract was unclear on what was required on those two issues and the court said that, if those were the issues, they may have been flexible in their view. But crucially there was no notice - the court had nothing to work with ⚖️
2. Under #EnglishLaw and #ScotsLaw, if the wording of a contract is clear, the courts will generally apply that wording. This is especially the case if the contract wording is skillfully drafted and the contract negotiated between sophisticated, well advised parties. The fact the wording produces a "harsh" result when followed through, is tough luck 📝
3. Conditions precedent - These are cotract provisions that say something specific has to happen before a right arises. Some condition precedent wording can be relatively innocuous. Tread carefully ⚠️
#ConstructionDisputes#ConstructionContracts
The recent Scottish appeal court decision in FES Ltd v HFD Construction Group Ltd [2024] CSIH 37 has once again underscored the importance of strictly adhering to the notice requirements under the contract. In this case, the appeal court affirmed the decision of the lower court and ruled that the notification of claim for loss and expense is a condition precedent under the SBCC (and JCT) contracts. As we see in our practice often, the contractor's failure to issue timely notices could mean that it loses its right to recover its claim for loss and expense.
In our latest briefing, HFW's Andrew Ross and Arpan Gupta review the case and discuss the key takeaways.
Read the full article here: https://lnkd.in/evEkX6_G
To find out more about our Construction practice, visit: https://lnkd.in/eCh-dN7q#Construction#ConstructionLaw#ConditionPrecedent#Notices#LossAndExpense#JCT#SBCC#Recovery