Articles & Legal Updates

Articles & Legal Updates on contractual matters, recent case law changes and items of interest in the construction and property world

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Liquidated Damages by Richard Silver

One reoccurring question we at Silver Shemmings Ash LLP are posed by our clients is whether the liquidated damages stipulated in the contract is enforceable when the […]

August 28, 2018 | Silver Shemmings READ MORE
Payment Notices & Payless Notices by Richard Silver

Introduction In a change of approach to earlier decisions in ISG v Seevic and Galliford Try v Estura, it was held in February 2018 in Grove Developments […]

August 15, 2018 | Silver Shemmings READ MORE
Smash & Grab! Big Changes Afoot by Henry Hathaway

One of the most significant judgements in terms of payment within the construction industry has been decided by Coulson J in his final judgement prior to his […]

July 17, 2018 | Silver Shemmings READ MORE
Declaration Trumps Decision by Laughlan Steer

Vinci Construction UK Ltd v Beumer Group UK Ltd [2017] EWHC 2196 (TCC) (30 August 2017) It is fair to say that, as a firm, we do […]

July 17, 2018 | Silver Shemmings READ MORE
Construction Procurement Routes by Brandon Silver

What Are The Different Procurement Routes? There are three main types of construction contract for the execution of construction work. The differences between the three forms of […]

July 17, 2018 | Silver Shemmings READ MORE
Being Tied Up In Knot(weed)! by Sarah Shemmings

The Court of Appeal handed down a judgment yesterday on liability for encroaching Japanese Knotweed. This is an important judgment for landowners and their insurers. Japanese Knotweed […]

July 17, 2018 | Silver Shemmings READ MORE
Dispute Resolution In Construction by Henry Hathaway

Generally, within the Construction industry, it is widely accepted that disputes are a fact of life and will in most cases centre on the amounts due under […]

July 16, 2018 | Silver Shemmings READ MORE
(Good) Faith No More? by Laughlan Steer

Despite the position in several of our European neighbour’s legal systems, there is not in the UK a common law obligation to act in good faith. This […]

July 15, 2018 | Silver Shemmings READ MORE
Offer And Acceptance by Brandon Silver

Introduction The formation of a contract is essential to any construction project. The contract will establish the agreement between all the parties involved and their respective legally […]

July 12, 2018 | Silver Shemmings READ MORE
BREXIT And The Carbon Tax by Cat Westmacott

This is the first of two articles to be written about 2016’s changes within the Construction sector and how to build sustainably in the future BREXIT VOTE […]

July 12, 2018 | Silver Shemmings READ MORE
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