At Browne Jacobson, our Construction and Engineering team regularly advises clients with regards to project management and when necessary in relation to the resolution of disputes, whether through a formal procedure or via some form of alternative dispute resolution (ADR).
We pride ourselves on acting as an extension of our clients’ internal teams and are therefore often a first port of call when issues arise on existing projects. This allows us to work with our clients to manage potential issues, either by way of advising regarding contractual rights and remedies, helping to draft project correspondence or if required, attending meetings to discuss issues.
In the event that these issues are not resolved at an early stage, or at all, we have experience in all forms of both formal procedures and alternative dispute resolution.
For national projects, adjudication remains the most common form of dispute resolution and our expert team is well-versed in drafting effective submissions, responding to issues raised by the counterparty and adjudicator at short notice and attending hearings.
We also have experience of court proceedings, ranging from interim applications to full hearings and international arbitration. We achieve excellent results for our clients in all of these forums.
However, being a down-to-earth team, we’re no stranger to the risks and costs involved with formal dispute resolution and are therefore strong advocates of ADR. The methods used include mediation, early neutral evaluation and expert determination, on the basis that it can allow early and cost-effective resolution of even the most complex matter.
Acting for a major national contractor defending an adjudication against it regarding its scope of work, and related claims by the contractor against its supply chain regarding evaluation, loss and expense.
Advising two Councils in relation to the valuation of an EFW plant, following the termination of the PFI contract under which it was built as a result of the contractor’s failure to pass the tests on completion by the longstop date. The legal and technical issues are complex, with the value of the dispute being in excess of £200m.
Acting for the subsidiary of a major national corporation in relation to numerous claims against it relating to façade work, brought under relevant pre-action protocols, including advising regarding the extent to which the design and installation of the cladding conformed with the relevant Building Regulations at the time and the extent (if any) of remedial works required.
Advising insurers and the designer of the façade for a major bank’s UK retail banking headquarters regarding major defect and delay claims brought against it by the main contractor under both two pre-action protocol letters and in serial adjudications.
Logistics company Eddie Stobart has been fined £133,000, after a series of failures which took place whilst excavation work was carried out, exposing its staff to asbestos.
Browne Jacobson has appointed Amy Chapman, the former Group Legal Director of global built environment experts Mace Group, as its first Non-Executive Director (NED) of its Construction & Real Estate sector strategy board.
Browne Jacobson’s private equity (PE) dealmakers have advised Palatine Private Equity backed CTS Group (Construction Testing Solutions Limited) on its latest acquisition of Concept Engineering Consultants Limited, a leader in geotechnical, structural and geo-environmental services for an undisclosed amount.
Rolls-Royce has shortlisted six locations for its first factory for small nuclear power stations. We look at the impact on regions & local businesses
Recent reports of flat roofs constructed using RAAC planks collapsing without warning prompted the SCOSS alert.
The Building Safety Act 2022 received Royal Assent on 28 April 2022 (“Act”). The government has described the reforms introduced by the Act as “the biggest changes to building safety regulation in a generation”. For once the hype is justified.
The Federation of Small Businesses (FSB) has released a report setting out the impact of new and changing regulations arising from the pandemic on small businesses across the UK.
We have created a summary of the recommendations and consistent themes which we are now starting to see becoming more embedded in public sector procurement practices.
The climate emergency has reached a point where real and substantial damage is being caused to both the planet and society. There has been a shift from planning and theorising the most effective solutions, to a phase where practical, efficient, and sustainable solutions are required at speed.
As the Grenfell Inquiry continues, how have the Phase 1 recommendations changed the fire safety and building safety landscape?
Browne Jacobson has successfully advised Nottingham based developer Charterpoint on the sale of a 1.2 acre care home development site in Thurnby (Leicestershire) to care home operator Cinnamon.
The new regime introduced by the Act will take shape over the next 18 months, but those who design, build or manage high rise buildings are being urged to get ready for the changes to be introduced through the act.
On 14 February 2022, Secretary of State of the Department for Levelling Up, Housing and Communities, Michael Gove, announced proposals designed to pressure building developers and materials manufacturers to fund the remediation of unsafe properties.
From 6 April 2022, right to work checks on all migrant or settled prospective employees must be online and checks on British or Irish nationals will be manual (free) or digital (charged for).
Browne Jacobson has broadened its national construction and engineering offering with the appointment of construction partner Zoe Stollard into its Birmingham office.
The HSE has announced a campaign targeting health and safety in the construction industry in Birmingham. The Campaign is in response to a significant increase in development across the city, partly as a result of preparations for the 2022 Commonwealth Games.
In Nissan v Passi, the High Court recently considered the issue of an employee retaining confidential documents belonging to his former employer in the context of the employer’s application for an injunction seeking the return of such documents from the employee.
The levelling up white paper sets out a set of 12 priority ‘missions’ to be pursued by national and local government in the years to come. With measures covering regeneration, communities, connectivity, education, R&D, employment, and health.
More needs to be made of these procurement routes, with clients honouring the original concept rather than watering down concepts.
In this article we explore the concept of good faith in the context of construction contracts for public bodies, and what the recent decision in Van Oord Ltd v Dragados Ltd does for this area of law.
With the COP26 summit which was held in Glasgow in November 2021 and the increasing global awareness of environmental concerns, the world of construction cannot escape the shift to operating in a more sustainable manner.
Browne Jacobson has appointed Ragene Raithatha, a specialist in both contentious and non-contentious matters, as a Legal Director in its new Manchester construction practice.
Construction is a major contributor to carbon emissions – buildings consume 36% of energy produced globally and are responsible for 39% of carbon emissions.
Earlier this month the Government published the Building Safety Bill as part of its continuing efforts to respond to the Grenfell disaster and recommendations made following the Independent Review of Building Regulations and Fire Safety led by Dame Judith Hackitt.
The consultation Green Paper: Transforming public procurement was issued by the Cabinet Office in December 2020. Whilst we await the Bill, the Green Paper sets a very strong direction of travel and there is much to consider for the construction sector.
Joint Contracts Tribunal (JCT) and New Engineering Contract (NEC) - which drafting works best, and where are the traps for the unwary?
Catch up on our regeneration video, where we look at four keys areas of regeneration; public law, planning, construction and real estate.
A developer was unable on the facts to establish a right to drain onto its neighbour’s land without permission.
Catch up on our Private Sector Development Club on-demand video where we covered a variety of topics including managing construction projects during a global pandemic, tax and planning.
The Housing, Communities and Local Government Committee has just announced a new inquiry to undertake pre-legislative scrutiny of the draft Bill for the Building Safety Regulator (“BSR”). Measures contained in the Bill are likely to come into force in 2021.
Public sector bodies can find restarting projects particularly challenging given the levels of scrutiny and additional legislation they must often navigate.
With increasing concerns surrounding a climate crisis and the need for greater environmental sustainability, several councils across the UK recently expressed a firm commitment to become carbon neutral.
Public and private bodies throughout the country are exploring their options for developing new networks and expanding existing networks, both with and without central government support.
Browne Jacobson’s Manchester team has advised nmcn, the national provider of design, offsite manufacturing and construction services in the water sector, on its acquisition of water treatment system manufacturer Lintott Environmental Technologies and its wholly owned subsidiary, Lintott Control Systems (LCS).
Following a dispute over a right of way, the parties’ solicitors agreed in an exchange of emails (constituting a single email chain) to compromise the dispute by the defendant (R) transferring to the claimants (N) a small piece of land adjacent to Lake Windermere.
Issues about prescriptive rights of way and drainage arose on the redevelopment of dominant land.