Forbes Solicitors


PART 2: Delays - the Importance of Record-Keeping

 

"No good deed goes unpunished" - Execution of documents and deeds by companies - getting it right

 

Limitation of Liability Clauses in Construction Contracts: Key Considerations


Limitation of Liability Clauses in Construction Contracts: Key Considerations

In Federación de Servicios de Comisiones Obreras (CCOO) v Deutsche Bank SAE earlier this month, the Grand Chamber of the European Court of Justice ("CJEU") decided that in order to ensure compliance with obligations under European Law, employers must keep records of hours worked by employees.

The decision arose out of an action against Deutsche Bank brought in July 2017 by CCOO, a trade union, seeking a judgment declaring the bank to be under an obligation to record the time worked each day by staff to make it possible to identify working time and overtime worked each month. The bank claimed that Spanish domestic law did not create such an obligation. The Spanish National High Court decided to stay the proceedings and to refer the matter to the CJEU for a preliminary ruling.

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"No good deed goes unpunished" - Execution of documents and deeds by companies - getting it right

Construction projects involve the completion of a myriad of deeds, contracts and other documents. Project staff at sophisticated corporate clients are usually very experienced in the business not only of negotiating such contracts but arranging for their signature too. So, what is the value in retaining a solicitor for these purposes?

The risk for the unwary is that a contract or other instrument which needs to be executed as a deed might not be properly signed off. You might have done your bit properly, but can you be sure that the other party to the deal has been as careful as you have? We will look at a couple of examples below.

 

 

 

Employment Changes Coming up in 2020!

April tends to be a busy and stressful time of the year for many businesses who have the end of their financial year around this time, multiple employees on annual leave over the Easter holidays, together with changes to make in line with new legislation – particularly in respect of your employees!

Be prepared - April 2020 is going to bring a lot of change to Employment Law and there is nothing like being prepared and ahead of the game in business!  In order to assist, we have rounded up the key changes that employers need to be aware of and in particular, those that will impact on the construction industry.

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Latent Defects

The past 12 months have thrown up uncertainties in the structural defect insurance market, with the collapse of Danish insurance broker Alpha Insurance. This has had an impact in respect of both residential and commercial new build properties. In light of this it is worth considering one aspect of commercial property, which is the repair liability questions that Landlords and Tenants face when entering into a lease of a newly built commercial property.

 

 

PART 2: Delays - the Importance of Record-Keeping

In Part 1 of our Construction Disputes series, we identified that delay and quality issues are often the biggest problems for construction projects and the cause of most disputes.  Delay may increase both the time for performance of the contract and the cost of performance for both the Employer, the Contractor or may be out of either party’s control (such as the Great British weather). 

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Cavity Barriers – Persimmon’s Review

In light of the Grenfell Tower tragedy in 2018, fire safety should be at the forefront of the minds of developers and home builders alike.

Following the findings of an independent review being published in December 2019, housing developer Persimmon has been subjected to heavy criticism after a significant number of its new build properties were found to have been constructed with missing or incorrectly installed fire protection measures.

As a result the developer, who builds over 16,000 homes each year, commissioned an independent review in April 2019, which sought to assess the effectiveness of its own processes and procedures. Persimmon’s decision to carry out the review coincided with its new focus on improving its approach to customer care and eliminating cases of poor workmanship.

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