UK: Public Consultation and Duty to Protect

Last week marked 20 years of the horrific terror attacks on the Twin Towers in New York. 2017 saw the atrocious attacks at the Manchester Arena, and subsequently Fishmongers’ Hall in London, and sadly there were others. Global events may create yet further security uncertainty and risks from potential terror attacks.

In February this year James Brokenshire, the Security Minister, reiterated the government’s commitment to improving public security, and to action the findings and lessons learned from the ensuing inquiries. The Home Office has commenced a public consultation on the use of a ‘Protect Duty’. In short this will require businesses, public bodies and security firms to consider risks of a terrorist attack and to ensure proportionate and reasonable measures are taken to protect the public.

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

UK: Disputes in the Construction, Engineering and Energy Sectors

Recently a paper was published in Construction Law, “The root cause of evil!” Construction Law, August 2021. An analysis was undertaken of HKA’s integrated research program that collects data on global claims/ disputes across 88 countries. An examination was undertaken of trends emerging across the UK, Middle East, US, Caribbean and Latin America.

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

UK Construction: Not all Collateral Warranties are Construction Contracts

The contractual matrix of commercial construction projects commonly includes collateral warranties.  Collateral warranties typically grant a contractual cause of action to third parties (such as tenants or end-users) with an interest in the project who may not otherwise have a contract in place with parties that are designing, constructing or providing professional advice on the project.   For the beneficiary, a collateral warranty can therefore be invaluable.

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

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.

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.

UK Construction and Brexit

The final nail in the coffin of Christmas 2020 for me was getting a directive from NHS Test and Trace to self-isolate on the 23rd. So, instead of celebrating Christmas, I packed the missus off to her mother’s and settled down to read the snappily-titled “Trade And Cooperation Agreement Between The European Union And The European Atomic Energy Community, Of The One Part, And The United Kingdom Of Great Britain And Northern Ireland, Of The Other Part”. Otherwise known to you and me as the Brexit Deal.

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