Articles from the Silver Shemmings Ash Team on contractual matters, recent case law changes and items of interest in the construction and property world
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 firstname.lastname@example.org or visit our website at www.silverllp.com
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