Roythornes Banner Image

Blogs

Services
People
News and Events
Other
Blogs

Construction and Engineering

 

Grenfell Tower report issued

Derryn Rolfe
  • Posted
  • Author

The Grenfell Tower Inquiry has just reported on it’s main findings after seven years. The Chairman, Sir Martin Moore-Bick, architect Thouria Istephan and housing expert Ali Akbor spoke. The inquiry has found that decades of failure led to the fire in...

Contractors right to terminate employment under JCT Design and Build Contract (2016 Edition)

Laura Chapman
  • Posted
  • Author

Providence Building Services Ltd (“Providence”) entered into a JCT Design and Build Contract (2016 Edition – “the JCT Contract” ) with Hexagon Housing Association Ltd (“Hexagon”). Hexagon were late paying on...

Back-to-back contract chains

Derryn Rolfe
  • Posted
  • Author

We often advise main contractors on their sub-contracts, either their standard Ts&Cs or agreements for specific projects, and one of the perennial problems is cascading liabilities down the chain. The industry has had a problem for decades with...

Design liability and sub-contracting

Derryn Rolfe
  • Posted
  • Author

It’s not news that most design expertise in the building industry lies not with main contractors but with consultants and specialist sub-contractors. Often the expertise is such that the main contractor does little except procure and co-ordinate the...

The Sagrada Familia nears completion

Derryn Rolfe
  • Posted
  • Author

Today the fourth tower of the Sagrada Familia, Gaudi’s iconic cathedral in Barcelona, was completed. It’s a mere 141 years since the building of the cathedral started, which puts the delayed (and, also as of today) partly cancelled HS2 into...

Exploring the significance of No Oral Modification (NOM) Clauses

Alex Forster
  • Posted
  • Author

In the complex world of construction and engineering, where projects are often intricate and subject to evolving circumstances, the importance of well-drafted contracts cannot be overstated. One crucial aspect of these contracts is the inclusion of no oral...

Sectional completion and partial possession

Derryn Rolfe
  • Posted
  • Author

Whilst many projects are a single building constructed in one hit, there are times when a phased approach is essential. It may be a question of land availability, or building to suit an incoming tenant, or it may be that the facility needs to remain...

An important judgment in construction claims following the Building Safety Act 2022 - URS Corporation Ltd v BDW Trading Limited

Alex Forster
  • Posted
  • Author

In a recent landmark decision, the Court of Appeal delivered its judgment in URS Corporation Ltd v BDW Trading Ltd [2023] EWCA Civ 772 , addressing a complex web of legal issues involving negligence claims, construction law and legislative interpretation....

Site security

Derryn Rolfe
  • Posted
  • Author

Construction News recently reported on the theft of tens of thousands of pounds-worth of materials and tools taken in one night from a site in Nottingham. Whilst theft on that scale is relatively unusual, the loss of goods, materials and, in particular, hand...

Letters of intent in construction and engineering

Derryn Rolfe
  • Posted
  • Author

In the construction and engineering sectors, letters of intent are used all the time. The idea of them is to get a project going – either to allow for the procurement of long lead-time items, or to start design, or to hold a tender price – before...

Liquidated damages for performance shortfalls in Engineering and Construction projects

Derryn Rolfe
  • Posted
  • Author

Engineering and construction project success is based on three factors: time; cost; and quality – the classic project management triangle. One of the most important decisions companies starting work on their new or refurbished facilities have to make...

The new NEC4 ECSC: Exploring new clause 83.4 for enhanced design liability

Derryn Rolfe
  • Posted
  • Author

The new NEC4 Engineering and Construction Subcontract (ECSC) is a widely used contract framework in the construction industry. Its clauses provide a structured approach to managing various aspects of a project. One such important addition in the NEC4 ECSC is...

New Code of Conduct for Registered Building Inspectors

Derryn Rolfe
  • Posted
  • Author

The Building Safety Act included provisions for the mandatory registration of all buildings inspectors, both Registered Building Inspectors (local authority inspectors) and Registered Building Control Approvers (private sector consultants). The Act was very...

Retentions in Construction and Engineering contracts

Derryn Rolfe
  • Posted
  • Author

It is normal practice for construction and engineering contracts to allow the client to keep a percentage of each interim payment as a retention. The retention is intended to be used against the client’s losses in the event that the contract defaults....

Construction insolvency

Derryn Rolfe
  • Posted
  • Author

Construction News has reported that a total of 112 construction companies have gone into administration so far this year. This affects not only those companies, their employees, and their supply chains, but also their clients, whose projects will be delayed...

The Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023

Derryn Rolfe
  • Posted
  • Author

Draft Regulations have this week been published in respect of the Responsible Actors Scheme – the industry scheme for residential developers arising out of the Building Safety Act 2022.   Aim of the scheme Like the Act itself, the purpose of...

Performance bonds and parent company guarantees

Derryn Rolfe
  • Posted
  • Author

Performance bonds and/or PCGs are often required of the contractor in building and engineering projects as a means of securing the purchaser’s position, and limiting their losses, in the event of the contractor’s default. But what’s the...

Programmes in Construction Contracts

Derryn Rolfe
  • Posted
  • Author

The JCT standard forms of building contracts have a very simplistic approach to programmes: there’s a start date and an end date, and that’s it. How the contractor wants to do thing in between is up to them provided that...

Building Safety Act update

Derryn Rolfe
  • Posted
  • Author

The Building Safety Pledge The Building Safety Act allowed the government to set up building industry schemes for developers. The idea of the schemes was to get developers and construction products manufacturers to pay for remedial works to buildings...

Advance Payments on Construction Contracts

Derryn Rolfe
  • Posted
  • Author

All of the standard and model forms of building and engineering contracts contain provisions for advance payments, and for many years they have been little used, but with the continuing materials price rises developers and contractors alike are both turning...

Joint Ventures in Development Projects

Derryn Rolfe
  • Posted
  • Author

It can make sense for companies to join forces in development projects, with each contributing their expertise, sharing the workload, or allowing to take on jointly projects larger than they could do alone. Whatever the reason, the question is always: what...

Framework Agreements: How To Minimise Paperwork and Risk in Repeat Contracting

Derryn Rolfe
  • Posted
  • Author

Framework agreements sound scary: central Government behemoths for massive projects tying both sides into 25-year deals with Key Performance Indicators, Service Level Agreements and severe penalties. They don’t need to be like that, and probably...

New Fire Safety Regulations for High-Rise Residential Buildings

Derryn Rolfe
  • Posted
  • Author

One of the most important pieces of legislation to come out of the Grenfell fire, the new Fires Safety (England) Regulations 2022, comes into force on 23 January 2023. Under the new Regulations, a responsible person – usually a managing agent or...