All articles by Theresa Mohammed
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CommentHow reinterpretation of remediation contribution orders could impact liability risk
Why the Supreme Court’s permission to appeal in Triathlon matters for UK construction and building safety
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CommentWhen does a contract clause count as a condition precedent?
A new appeal ruling underlines how failure to fulfil notice conditions can jeopardise any later payment claims
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CommentHow landmark Supreme Court ruling clarifies liability and limitation on building safety
Construction professionals must now operate with heightened awareness of their long-term liabilities, in the wake of the pivotal ruling in the Barratt Homes case
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CommentHow landmark building safety court rulings could clarify the law on liability
Landmark rulings on defects, remediation and building safety could clarify the law around liability and remedy
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CommentCladding remediation liability under the Building Safety Act
The Court of Appeal has clarified the criteria by which the secretary of state should make decisions on liability for cladding remediation, and when developers might reasonably challenge them
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CommentProper contract execution is vital
Theresa Mohammed on a reminder to be express in the scope and terms of appointments and to properly execute contract documents
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CommentProfessional liability may extend further than consultants think
A recent case clarifies what kinds of claims can be made against consultants if they fail in their duties, writes Theresa Mohammed
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CommentDefining ‘without predudice’ in construction contracts
The case of AZ vs BY casts light on the principle of without-prejudice privilege and its importance
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CommentDecoding force majeure terms in contracts
A recent ruling has implications for the drafting and interpretation of force majeure and reasonable endeavours terms
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CommentHow sweeteners sour the procurement process
Where bribery is proven, the procurement process is assumed corrupted – and a company cannot shift blame to the individual
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CommentA key costs ruling post Grenfell
This landmark decision offers at last some firm judicial guidance for the hundreds of cases arising in the wake of Grenfell
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CommentTwenty-five years of adjudication
Theresa Mohammed looks back on a quarter-century of construction adjudication – what’s changed, and has it achieved its aimed?
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CommentThe Building Safety Bill: a legal view
Theresa Mohammed examines the draft legislation in detail, including the associated regulations revisions
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CommentPeople of colour and construction
Many in our sector have spoken out about racial inequality, but the Black Lives Matter campaign shows we need to do much more
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CommentAdjudications: smashed but not grabbed
A new ruling on smash-and-grab adjudications has further complicated matters
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CommentPay first, adjudicate later: what an Appeal Court ruling means for the payment notice regime
Theresa Mohammed and Stephanie Geesink of Trowers Hamlins explain an important ruling on the payment notice regime
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CommentLegal blog: What should Carillion subcontractors do next?
Firms owed money by the failed contractor need to act quickly to have any hope of recovering any money
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CommentLetters of intent: Paved with good intentions
The motivation for signing a letter of intent may be admirable, but the trouble they can cause should not be underestimated, as a recent case involving engineer VolkerFitzpatrick shows
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NewsMakers UK vs London Borough of Camden: Case management power
Our Fenwick Elliott expert discusses a pair of interlinked adjudications
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NewsAllied vs Paradigm Housing: Was the dispute crystallised?
Our legal expert discussed a dispute over payment between a housebuilder and contractor