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Myerson Employment Law Spring Update 2024
Watch the Myerson Employment Team as we bring you their top Employment Law updates you must know. The topics for this seminar will included: Important changes to holiday pay coming into force in April New, wider family-friendly rights What...
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RICS Summary Adjudication Procedure
"Smash and grab" adjudications are one of the most common ways a contractor can seek to recover outstanding debts under a construction contract. Small to medium-sized contractors can often face difficulties, however, when the value of the unpaid...
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JCT 2024 – JCT Announces Next Edition of JCT Contracts
It has been expected for some time, but finally, the JCT has announced that it will be updating its suite of contracts , and it will be the JCT 2024 Edition which is likely to be published in the spring. The likely publication date is expected to...
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"Set off" in the Enforcement of an Adjudicator's Decision
On Friday, 5 May 2023, the Technology and Construction Court ("TCC") handed down its Judgment in the case of FK Construction Ltd v ISG Retail Ltd. The Judgment acts as a reminder of the few situations in which set off may arise in proceedings to...
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Tenant's Fit-Out Works and Insurance: Who Takes On The Risk?
The question of insurance is often a reoccurring issue when it comes to the procurement of fit-out works to a premises that forms part of a larger multi-let building. Tenants need to consider insurance for the existing building and insurance for...
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The Meaning of "Day" – TCC Judgment in Elements (Europe) Ltd v FK Building Ltd 2023
On 21 March 2023, the Technology and Construction Court ("TCC") handed down its judgment in the case of Elements (Europe) Ltd v FK Building Ltd. The judgment focuses on the validity of a payment application and provides clarity as to what is meant...
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News
Myerson Assists Matillion with Their Office Relocation
Myerson have advised Matillion in relation to their office relocation to Two New Bailey in the Salford gateway site, which is the latest extension to Manchester’s Central Business District. Matillion have taken a 10-year lease of 27,000 sq ft from...
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Myerson Sign the Equal Representation in Adjudication Pledge
The Centre of Construction Law & Dispute Resolution at King’s College London, working in collaboration with The Adjudication Society, produced a report, 2022 Construction Adjudication in the United Kingdom: Tracing trends and guiding reform which...
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Supporting Sustainable Construction through Construction Contracts
It's no secret that the built environment and construction sectors are among the largest contributors to global carbon emissions. With the Government being committed to reaching its net zero greenhouse gas emissions target by 2050, the construction...
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The Meaning of Practical Completion
Practical completion is an important concept in the UK construction industry. It marks the point at which a project is considered finished. It is a crucial milestone in any construction project, as it also marks the point at which the contractor...
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The Building Safety Pledge
At the end of January, the Government set a six-week deadline for construction developers to sign the new Building Safety Pledge contract. It is a warning that companies who fail to sign and comply with the contract will face significant...
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Will the New Gateway Process Apply to Projects Starting in 2023?
A key part of the regulatory framework for higher-risk buildings introduced under the Building Safety Act 2022 is the new Gateway regime which involves the scrutiny by the new Building Safety Regulator (Regulator) of the proposals before the...
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Construction Retentions
Retentions are often used on construction projects. This article explains what they are and why you should consider them. Construction retention refers to a portion of the payment that is withheld from a contractor until the completion of a...
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What are Liquidated Damages?
Liquidated damages are a regular feature of construction contracts. This blog explains what they are and why you should use them. Liquidated damages in construction are a contractually agreed upon sum of money that one party to a contract must pay...
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Construction Adjudication Trends
Kings College London has recently published a new report into adjudication titled 2022 Construction Adjudication in the United Kingdom: Tracing trends and guiding reform. It is perhaps the most comprehensive analysis of construction...
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Procurement Contracts: Competitive Tendering
Procurement contracts: where competitive tenders oblige prospective employers to consider them fairly The procurement process has long been a source of frustration within the construction industry. The time and expense contractors and...
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New Building Regulation Requirements for Electric Vehicle Charging Points
Electrifying Changes: New Building Regulation Requirements for Electric Vehicle Charging Points In September 2022, 1 in 10 new car sales in the UK were electric vehicles (EVs), with an estimated 477,000 electric cars on the road and more than...
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Myerson Solicitors Annual Property Update
Thank you to everyone who attended our Annual Property Update, which will be of interest to property investors, landlords, developers, professionals or those who simply have an interest in real estate. You can now watch a replay of the live...
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Don’t Hang About, Adjudicate!
In 2021, 2579 construction sector firms across England and Wales became insolvent, which is 19% of all insolvencies. With the furlough assistance long gone and inflation increasing every month, it is very likely that we will see further increases...
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Collateral Warranties ARE Construction Contracts
The Court of Appeal has finally concluded that a collateral warranty can be a construction contract under section 104(1), Construction Act 1996. From the enactment of the Housing Grants, Construction and Regeneration Act 1996 back in 1998, there...
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Crane Oversailing
Property developers have long realised the potential of building vertically. By purchasing comparatively small areas of land, developers can maximise the footprint of their properties by building to a great height. This creates challenges for...
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Top 5 Tips for Starting Construction Adjudication Proceedings
In terms of dispute resolution, construction adjudication is a quick process and can provide a swift and efficient resolution to a construction dispute. The appointed adjudicator has just 28 days to make a decision from the date that the referral...
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JCT 2016 – are you up to speed on the new insurance provisions?
This is the third in a series of articles looking at the key changes to the 2016 suite of JCT contracts. Our first article discussed some of the key changes to the forms and the second article looks at the new payment provisions . This article...
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JCT 2016 – Are You up to Speed on the New Payment Provisions?
This is the second in a series of articles looking at the key changes to the 2016 suite of JCT contracts. This article examines the payment provisions of the standard form JCT Design and Build Contract 2016 ( JCT 2016 ) compared to those contained...
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Top 5 Tips for Defending Construction Adjudication Proceedings
In terms of dispute resolution, construction adjudication is a quick process and can provide a swift and efficient resolution to a construction dispute. The appointed adjudicator has just 28 days to make a decision from the date that the referral...
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Payment Notice for Construction Contracts
The Construction Act Interim payment mechanisms in construction contracts are predicated on the issuance of various payment notices by both the payee and payer along the supply chain. In the UK, the Housing Grants, Construction and Regeneration...
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A Guide to Collateral Warranties on Construction Projects
In this article, we consider collateral warranties, which are often used on construction projects, and we explain what they are, why they may be required, some alternatives to collateral warranties (such as third-party rights) and which parties are...
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Copyright Infringement and Planning Permissions
Planning Permission In a recent copyright infringement case, Lennox Estates Ltd v S&W Ventures Ltd, summary judgment was granted in favour of a previous developer of a site in relation to the use of its architect’s drawings. Lennox Estates, a...
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Crane Oversail Licences
Freehold ownership of land usually includes the air space above that land. When a contractor needs to bring a tower crane onto a site in order to carry out works, it needs to consider whether the jib (the horizontal arm) of its crane will need to...
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Myerson Solicitors Real Estate Network Presents: The Annual Property Update
You can now watch a replay of the Annual Property Update, presented by Partner and Head of Commercial Property, Joanne Perritt , Partner within Property Litigation, Laura Pile , Partner and Head of Residential Property, Heather Adams and Senior...
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Employer’s Instruction to Omit Works
At Myerson, our Construction Team advise on all aspects of construction disputes. This article is the first in a series of articles whose focus is on a selection of issues that we have seen contractors and sub-contractors face on live projects in...
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Defect Claims in Construction Projects
Defective work is a frequent occurrence in commercial construction projects. Examples of defects may range from minor defects contained in snagging lists at practical completion to more serious defects which may lay undetected for months or even...
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Salford Van Hire Submits Plans for Next Crumpsall Phase
Plans for Next Crumpsall Phase The vehicle rental company Salford Van Hire is planning to build three industrial units totalling 90,000 sq. ft on land that AstraZeneca previously occupied by Brightside Road at the North Manchester Business Park...
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Perfect Storm for Construction Projects
Continuity for the construction sector We have now entered new national lockdown restrictions across the country to help to control the spread of Covid-19. This has brought in new restrictions but the Government position currently remains the same...
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Performance Security on Construction Projects
Ensuring contractor performance in construction projects Myerson have made a short video guide regarding the options for performance security for construction projects in the UK. Our construction department goes over the importance of performance...
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Interim Payment Applications
Interim Payment Applications Myerson have made a short video guide in relation to a recent court decision that may be of interest to those currently working on construction projects, and dealing with interim payment applications. The case brought...
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Webinar
Myerson Real Estate Network Presents: The Annual Property Update
Our Annual Property Updated, hosted by the Myerson Real Estate team, took place 19 November 2020. One defining feature of this year has been the COVID-19 pandemic which has impacted the Real Estate sector and every aspect of the economy. Why not...
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Construction Adjudication: Styles & Wood Case Study
Myerson Solicitors successfully advise on first adjudication enforcement decision for a company in administration based on Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd Law firm Myerson successfully represented Styles & Wood...
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Extensions of Time and COVID-19
We are currently receiving a large volume of enquiries in relation to the impact the Coronavirus is having on construction projects. One of the key issues relates to whether there is an entitlement to an extension of time to the completion date...
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New Adjudication Model for Lower Value Construction Disputes
What is a construction adjudication? Adjudication is a form of alternative dispute resolution which is specific to construction disputes. The purpose behind adjudication is to resolve disputes quickly and provide a cash-flow remedy, while keeping...
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Urban Exploration Injunctions
Over the past few years, influenced by Instagram and Youtube, the craze of Urban Exploration has become more and more common. Urban Exploration generally involves trespassing onto unmanned objects such as bridges, buildings and construction sites...
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S&T (UK) v Grove to go to the Supreme Court
Parties to a construction contract who have not been paid have a right to refer their payment claims to adjudication under the Housing Grants, Construction and Regeneration Act 1996 (the Act), in what is an essential mechanism for parties to...
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Government funding now available for the replacement of unsafe cladding on private residential tall buildings
Following on from the funding made available to local authorities and housing associations, the Government has announced that it will fully fund the replacement of unsafe aluminium composite material (ACM) cladding on high-rise private residential...
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Executing documents – the importance of getting it right
Signing a deed or a contract should be the easiest part of any transaction or project. Once complex negotiations have been concluded and the commercial terms have been agreed, all that is left to do is for the parties to sign on the dotted line...
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Myerson Magazine Spring 2019 Issue
Download your digital copy below. This magazine covers a wide range of private client topics such as inheritance, fertility, construction and UK & overseas property. Features in this issue: Alternative families and surrogacy law - pg.2 The right...
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Guide to Construction Adjudication
This is a back to basics guide to construction adjudication. It is intended to help those new to adjudication to understand the basic process and it details its advantages and disadvantages. Adjudication is a form of dispute resolution which is...
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Construction Basics – A Guide to the JCT Building Contracts
The Joint Contracts Tribunal (JCT) launched its new suite of building contracts in 2016 with updates to the entire JCT family completed in 2017. This guide sets out some basic information about JCT contracts generally, as well as some more detailed...
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Conditional Payment Clauses – Gone but not forgotten
The Construction Act has been an important part of construction law since it came into force in 1998. It was substantially amended by Part 8 of the Local Democracy, Economic Development and Construction Act 2009, which: Extended the provisions of...
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Unsafe Cladding - Latest Figures Released By Government
Following the Grenfell tragedy, the Government has established a building safety plan with the aim of ensuring that residents of high-rise (over 18 metres) residential buildings are safe from the risk of fire. To date, 457 high-rise buildings have...
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JCT 2016 – two years after publication, it’s time to get involved
During the winter of 2016, the Joint Contracts Tribunal (JCT) launched its new suite of building contracts with the publication of its revised Minor Works family. This included building contracts with and without contractor design responsibility...
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