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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.
Following the publication of The Legal 500 UK 2022, we are proud to announce that the firm has once again achieved impressive rankings and recognition within the latest guide to leading law firms and lawyers.
We are pleased to have strengthened our London team with the appointment of partner Simon Durkin, formerly at Weightmans.
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.
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.
Homeowners may soon have up to 15 years in which to bring certain actions against builders and developers.
Kennedys has continued its growth in the Middle East with the opening of a new office in Muscat, in the Sultanate of Oman. This office opening is in response to client demand for a presence in Oman, and sees Kennedys become the only international insurance-focused law firm in the country.
Kennedys has promoted ten lawyers to its partnership. Four of those promoted are based in the UK, with six in the US. Kennedys’ worldwide partner count is now 280.
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.