Construction Law Update – November 2015
Limits of Liability: Rock solid protection, or just crumbly cladding?
BLOOMBERG LP v (1) SANDBERG (2) SANDBERG LLP (3) BURO HAPPOLD LTD (Defendants) MALLING PRE-CAST LTD (Third Party)  EWHC 2858 QBD (TCC)
A limitation clause contained within a warranty had no effect on a third party seeking to bring a claim under the warranty – in other words a defence that may exist in a contract may not be available in a collateral warranty. The judgment includes some interesting (and significant) comments concerning the court's treatment of limitation clauses.
Drafting best practice – check your 'binding'
MARTIFER UK LTD v LEND LEASE CONSTRUCTION (EMEA) LTD  CSOH 81
Courts, like rugby referees, often have to scrutinise carefully the extent to which the parties before them are properly bound. Here, the question concerned the circumstances in which the simple act of incorporating a pre-existing document (in this case an Information Release Schedule, or 'IRS') into a contract results in that document becoming a binding part of the overall contract. Although it was found that the IRS was incorporated into this sub-contract, its provisions were not found to be binding on the parties. This Scottish case, whilst not itself binding on the courts in England and Wales, may yet influence their future decisions.
CDM Regulations 2015 – 6 Months In
The transition period for the new CDM Regulations came to an end on 6 October 2015. From then onwards, all "client" organisations need to ensure that they are conducting their business in compliance with the new regulations. The risk of investigation and possible sanction from the Health and Safety Executive (HSE) could have immediate and long term implications to an organisation's finances and reputation.
Blake Morgan can provide bespoke training to your organisation to address the specific statutory, regulatory and other legal duties and liabilities arising in connection with health and safety law in the construction industry. If you would be interested in receiving such training please contact Edward McMullen at Edward.McMullen@blakemorgan.co.uk.
Anti-Slavery Measures in the 21st Century
The Modern Slavery Act 2015 received royal assent on 26 March 2015. Construction organisations that will be subject to this legislation will be required to prepare their first statement by the end of their next financial year to avoid sanction.
Blake Morgan has recently presented seminars in Reading and Oxford on this topic with a roundtable discussion scheduled for Southampton in December 2015. Dates for London and Cardiff are yet to be arranged.
Upcoming Events: 8 December 2015
Productivity, leadership and relationship results within the construction sector
Blake Morgan shall be hosting a pre-Christmas Drinks reception from 5.30pm with festive drinks & nibbles, a great speaker in collaboration with SCL, CIOB, CIARB, Women in Property and RICS.
Venue: Potters Heron Hotel, Ampfield, Romsey, Hampshire SO51 9ZF
For further information please contact Jessica Tresham on Jessica.Tresham@blakemorgan.co.uk
Coming up in next month's edition
• The Supreme Court gives a significant ruling on the enforceability of liquidated damages clauses.
• An introduction to our new construction partner, James Bessey.