Under Construction - Summer 2018

Welcome to the Summer 2018 edition of Under Construction, the Taylor Wessing LLP Construction team update.

Put that in writing: Supreme Court enforces no oral modification clausesWill Chung discusses the latest Supreme Court guidance on the effect of "no oral modification clauses."

Using the BIM Protocol – 2^nd EditionAndrew Wood takes a look at the recently published second edition of the CIC BIM Protocol.

Sub-contractors and Project Insurance: guidance from the courtsFraser J at the Technology and Construction Court (TCC) found that a sub-contractor cannot rely on project insurance where the sub-contract specifically requires them to maintain separate insurance. Caitlin Ervine tells us more.

Information and advice: neither label corresponds to the contents of the bottleJim Alexander considers the Court of Appeal decision of Lloyds Bank Plc and McBains Cooper Consulting Limited which reversed a project monitor's share of losses on the basis that a lender had contributed to those losses.

Clarity on design and workmanship?The case of Scottish & Southern Electricity (SSE) v Hochtief Solutions AG [2018] CSIH 26 provides interesting reading on the meaning of defects under NEC2 contracts and on the line between design and design implementation.

Construction and modern slavery: more needs to be doneA recent Chartered Institute of Building (CIOB) published in May 2018 urges the UK construction industry to do more to acknowledge the risk of modern slavery in their supply chains and to focus on how the risks are being managed. We take a look at the report's findings.

Construction Press

Members of the team continue to write articles in the construction press: