Construction and Engineering Team News - January 2016

Welcome to 2016!  If our start to the New Year is anything to go by this is going to be a busy year for the construction industry.  We hope it will be a productive and profitable one for all our readers. 

Since we last wrote:

• The team enjoyed the BPE Solicitors firmwide Christmas Party at the Star College.  We can highly recommend this excellent venue – not only was the food and service outstanding but by holding an event here you will be supporting a fantastic charity.
• Not satisfied with just one festive celebration, we were also fortunate to have a team trip to Prescott Shooting with lunch afterwards at the White Hart. We would heartily recommend both Prescott and the White Hart.
• After all that festive cheer we have buckled down to lots of hard work back in the office and Jon in particular has been very busy meeting clients and contacts old and new.  If you have been struggling to find a time to meet up with him, the diary is looking better for February!

 Back in the office we’ve been dealing with:

• Bringing a significant contractor/sub-contractor dispute to a successful settlement just in time for Christmas.
• Issuing High Court proceedings to enforce an Adjudicator’s award.
• Assisting various clients in reviewing their sub-contractor terms and in better understanding the risks involved when contractual terms are imposed upon them.
• Considering issues of design liability for Construction Managers.
• Continuing to support key client Pure Gym in their rapid roll out programme of opening new gyms across the country.
• Taking instructions to assist an education client navigate through OJEU and then prepare the legal package for tendering for works.
• Attending numerous “Pre-Action Protocol” meetings with the intention of helping clients to reach a satisfactory outcome to their disputes without the need to go to Court.

This month's articles:

Neil Mason looks at recent court cases involving unforeseen ground conditions.

Katie Pickering looks at arbitration: a dispute resolution method that parties often unwittingly sign up to!

These notes have been prepared for the purpose of articles only. They should not be regarded as a substitute for taking legal advice.