UK Construction: Legal Riddles and Unsolvable Problems in Multiplex v Bathgate

The decision in Multiplex Construction Europe Ltd v Bathgate Realisation Civil Engineering Ltd and Others is one of the more curious decisions you will ever read.

However, the density and depth of the judgment does not mean it is without interest; far from it. In fact I suspect this case will prove to be one of the more fascinating legal tangles the Courts will be asked to unravel this year.

To read the full text of this post by Duane Morris partner Steve Nichol, please visit the Duane Morris London Blog.

We Still Need Infrastructure in the Digital Age

In 2021, we don’t have hovercars but what we do have is quite incredible digital and information technology that allows many of us to work, shop, order pizza and watch the latest blockbuster from the comfort of our living rooms. And of course, over the last year, most of us having been doing that an awful lot. Because of this, people have started to question whether we now no longer need roads, or indeed all of that other pesky infrastructure that blights our countryside, creates pollution and tends to cost quite a lot of money. 

To read the full text of this post by Duane Morris partner Steve Nichol, please visit the Duane Morris London Blog.

UK Infrastructure: A Step Too Far?

Large infrastructure projects are often subject to intricate contractual relationships between the relevant stakeholders, and this will also include collateral warranties to cover any potential gaps in liability to mitigate potential effects of one of the participants in the contractual matrix becoming insolvent. Parties lower down the contractual chain may engage their own designers or consultants to discharge their obligations up the contractual chain. An interesting scenario arose in the recent case Multiplex Construction Europe Ltd v Bathgate Realisations Civil Engineering Ltd (Formerly Dunne building & Civil Engineering Ltd (In administration) (2) BRM Construction LLC (3) Argo Global Syndicate 1200 (2021) , and the two issues that were heard by way of preliminary issue.

To read the full text of this post by Duane Morris partner Vijay Bange, please visit the Duane Morris London Blog.

Can Climate Change and Infrastructure Projects Co-Exist?

The Guardian on Tuesday 30th March had an interesting article entitled “UK criticised for ignoring Paris climate goals in infrastructure decisions”. In summary, various luminaries, scientists, legal and environmental experts, have written a letter expressing concern about the UK’s infrastructure projects and the UK’s participation in the Paris Agreement.

To read the full text of this post by Duane Morris partner Vijay Bange, please visit the Duane Morris London Blog.

UK Construction & Engineering: Cladding Crisis and Latest Government Intervention

By Vijay Bange

There was considerable interest as to what more the Government will do in its effort to tackle the issue of high rise residential buildings with dangerous cladding, and further measures to help the plight of long leaseholders who are facing significant costs to undertake necessary fire safety remedial works.

To read the full text of this blog post by Vijay Bange please visit the Duane Morris London Blog.

Cairn Energy v India: A lesson in BIT rights and enforcement

Cairn Energy’s dispute with the Indian Government has made headlines across the globe.  The case serves as a useful reminder to foreign investors of the benefits of using bilateral investment treaties to obtain relief in circumstances where they have been unfairly treated by governments in foreign jurisdictions.

To read the full text of this blog post by Steve Nichol and Tanya Chadha please visit the Duane Morris London Blog.

A New National Regulator for Safer Construction Materials in the UK

Following our recent blog in relation to the challenges and issues in the construction industry arising post Grenfell, and the Dame Hackitt Review, the Government continues with its mission to tackle some root safety concerns. One of the many recommendations made was that more needs to be done to ensure that construction products are robustly tested, certified and labelled, and that there needs to be  a more robust regulatory framework to police this. Furthermore, to ensure that there is greater accountability for those manufacturing and /or selling dangerous building products.

To read the full text of this blog post by Vijay Bange please visit the Duane Morris London Blog.

How Not to Settle a Dispute: Aqua v. Benchmark

In its latest offering, “CLC COVID-19 Claims and Disputes in Construction” the Construction Leadership Council (CLC) predicts that disputes related to COVID-19 are set to rise in 2021. While the optimist may hope that parties will continue to or aim to work collaboratively in order to find workable commercial solutions to claims arising from the global pandemic, the realist knows that such disputes are inevitable.

To read the full text of this blog post by Steve Nichol and Matthew Friedlander, please visit the Duane Morris London Blog.

The Cladding Catastrophe Car Crash! UK Construction & Engineering

2020 will be forever synonymous with the global pandemic. The end of the year saw the approval of vaccines and with that a hope to an end, or at least the taming, of the Covid-19 pandemic. Whilst this has dominated the media in 2020, there has been momentum in the press and Parliament about the continuing problem of dangerous cladding.

A summary of the unfolding story board is below.

To read the full text of this post by Duane Morris partner Vijay Bange and associate Tanya Chadha, please visit the Duane Morris London Blog