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Article 08-10-2021
Recovery actions are available for insurers, under Spanish law, after payment of indemnity arising from a covered loss. Subrogated recovery actions are frequently before the Spanish courts. This is because the scope of liability between a contractor and subcontractor is not always easy to identify, especially in construction projects where different companies work together.
Article 29-07-2021
This update includes a roundup of recent court decisions dealing with liquidated damages, a classic residential property dispute, late service of a claim form, overstated losses in a claim for defects, and another example of adjudication enforcement where natural justice and jurisdiction issues are at play.
Article 27-07-2021
Government measures enacted to limit the impacts of COVID-19 and the impacts themselves continue to have a significant negative effect on the Oman economy and its construction sector in particular.
Case review 23-07-2021
We previously considered this case in 2019, when the Court of Appeal found that liquidated and ascertained damages (LADs) could not apply to work that had never been completed, and would only apply to work that is accepted after a delay. Work that never completed was only to be assessed according to the usual principles of damages – and not the contractual mechanism for LADs.
Article 21-07-2021
Homeowners may soon have up to 15 years in which to bring certain actions against builders and developers.
Article 02-12-2020
Modern methods of construction may be a solution for the UK housing crisis but what risks do insurers face? We explore the risks across all stages of the construction process and look at what solutions insurers can adopt.
Article 02-12-2020
As the drive to a greener, more sustainable housing market continues, modern methods of construction are increasing in both popularity and usage. This drive is coming from a combination of government policies, consumer demand and also from within the industry itself.
Article 17-09-2020
“Fenomeno del Niño” is the name given to an unpredictable weather event specific to the eastern side of the Pacific Ocean.
Article 17-07-2020
The world looks a little different since we wrote our introductory article about MMC back in March. Countries the world over have been significantly impacted by the novel coronavirus and have tried to prevent its spread through lockdown measures of varying degrees.
Case review 16-07-2020
Kennedys’ contentious construction team recently succeeded in being granted a stay of proceedings and security for costs in the Technology and Construction Court on behalf of the defendant, Donald Insall Associates (DIA) in which DIA was represented by Paul Cowan of 4 New Square.
