News

Articles from the Silver Shemmings Ash Team on contractual matters, recent case law changes and items of interest in the construction and property world

Ryland Ash Writes In The Times Financial & Legal Checklist On Construction Projects

March 22, 2020 | Silver Shemmings

Ryland Ash, Managing Partner, appeared in The Times Financial & Legal Checklist on Saturday 21st March. He was talking about the issues facing any construction project, large or small, the full article is show below:

Construction projects of all shapes and sizes face the same risks: delays and additional costs

The first issue to establish before a claim can be made, is which party has accepted the risk associated with the delay event or the additional cost. This will be determined by the terms of the contract the parties have entered into, or, where not expressly stated or agreed, by terms implied by the common law and statutes

In the UK, it is common for parties to use ‘standard’ building contracts that contain essential terms including scope, price and time provisions; but often bespoke amendments are made to these forms in favour of the party driving the changes. This is the crucial moment when risk is re-allocated – way before any construction work has even begun

Since 1998 English law has provided that there is a right under every qualifying ‘construction contract’ to regular interim payments, and to seek a decision from a third-party adjudicator within 28 days from any dispute arising under the contract. Adjudication is a very cost-effective and quick process when compared to Court proceedings, and for these reasons, over 90% of all construction disputes that we see are resolved this way

The key to avoiding such claims, is to agree a contract which fully meets the requirements of the project by setting down appropriate procedures to manage the risks effectively. Achieving this aim requires specialist legal and commercial advice from construction lawyers such as Silver Shemmings Ash throughout the lifecycle of the project

If you have a question about your construction project please call us on 0207 167 6602, email to info@silverllp.com or visit our website at www.silverllp.com

Financial & Legal Checklist: The Times 21st March 2020

 


Drop us a message

You're in the right place! Just drop us a message. How can we help?

 Email us now

Or see contact page
Validation error occured. Please enter the fields and submit it again.
Thank You ! Your email has been delivered.

Silver Shemmings Ash

 

You are very welcome to this firm’s seminars and training sessions and to read the firm’s articles and publications.

At seminars and training sessions, you are welcome to take away the materials provided. However, please note that attendance and receipt of any materials during the course of a seminar or training session shall not constitute legal advice and no lawyer-client relationship is created by attendance or receipt of any information, be it in printed form, electronic or any other medium, including verbal.

No answer to a question at a seminar or training session constitutes legal advice and no lawyer-client relationship is created between any person, including an individual or company asking the question and the person answering it. Where appropriate, you should consult a lawyer for legal advice and this firm would be happy to assist in that regard.

You should not disclose confidential information to a member of this firm unless you are already a client of this firm and have been provided with a letter of engagement. We do not owe you a duty of confidentiality until you have signed a letter of engagement with this firm.

In line with Government advice we have now closed the office for three weeks. As a result we will no longer be picking up any post from the office and would request that all documentation be scanned and emailed to the relevant member of the team. If you are unsure to whom your email should be directed please call us on 00 44 207 167 6602 and we will be happy to assist

 

All emails will receive a response but please be aware of the following: