All articles by Simon Tolson
-
CommentRisk and responsibility: unpicking the first post-Grenfell court decisions
Recent High Court decisions suggest contractors will struggle to successfully challenge the costs of an implemented and effective remedial cladding solution
-
CommentScale and ambition in the MENA region
Billions are being invested in infrastructure and transportation projects, says Fenwick Elliott’s Simon Tolson
-
CommentRelief under JCT: legal tips for dealing with covid-19
Contractors have a duty to do all they can to prevent or reduce delays on site - here is what you need to know about ‘best endeavours’
-
FeaturesThe coronavirus crisis: What does it all mean?
The implications of covid-19 for construction, housing and legal
-
CommentNow this is a pandemic, here’s the legal view
Simon Tolson has important advice for employers as the coronavirus crisis develops
-
CommentCoronavirus vs construction
If the COVID-19 epidemic is affecting your business, you might get relief through clauses on force majeure and frustration
-
CommentAdjudication, the low-cost way
Today sees the launch of a pilot scheme for a new low-value disputes adjudication service
-
CommentReducing risk through AI
In the first of two articles on the applications of AI in construction law, Simon Tolson and Stacy Sinclair discuss risk management
-
CommentJustice must be seen to be done
Simon Tolson explains how the updated provisions in TeCSA’s adjudication service improve transparency and impartiality
-
CommentLegal blog: Missing the point
The proposed new sanctions framework for approved inspectors fails two key requirements of fairness and proportionality, by treating large and small AIs the same
-
CommentThe second post
Some cases involving standby letters of credit have been reassessed by the Court of Appeal. So what clarifications of the law were made this time around?
-
CommentLetters of the law
The law on letters of credit has been upheld in two cases; banks cannot refuse to pay a demand meeting the requirements of a letter of credit unless it would involve fraud
-
CommentPre-action protocol: Room for improvement?
The TCC pre-action protocol is due for review – but do solicitors working in construction law think it needs major change?
-
CommentDuty of care
Beware when dealing with product liability. A recent case has shown there are times when goods are not ‘goods’ and breach is not all it seems
-
CommentJackson Reforms: Spare us the rod
The Jackson reforms address unacceptable practices in some civil courts – none of which occurred in the TCC. So why are the same measures being imposed on construction litigation?
-
CommentMandatory cost budgeting: Counting the cost
Construction legal experts debate the highly controversial subject of mandatory cost budgeting
-
CommentThe paperless trial
Technology has already transformed how lawyers deal with information in court - and soon those heavy briefcases could be a thing of the past
-
CommentThe Building Information Modelling minefield: Bimming hell!
Rightly, we’re all getting excited over Building Information Modelling, but if you don’t get your head around some of the contractual implications, things could get heated
-
CommentLegal issues with electronic documents
Lawyers are increasingly dealing with electronic documents. But for this data to have any authority, it needs to be carefully stored and managed
-
CommentTeCSA rules! OK?
With a new Construction Act on the way, adjudicators are going to have to up their game. Luckily, one nominating body has updated its rules in anticipation