All articles by Steven Carey
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CommentWhat’s in the Arbitration Bill?
Steven Carey explains the amendments to the Arbitration Act 1996 that are set to come into effect later this year, and their likely effects
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CommentTermination: how to get it right
A recent case on termination under contract and at common law provides guidance on complex post-termination disputes
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CommentConcurrent delay: get your retaliation in first
A recent case demonstrates an altered approach to concurrent delay that moves away from the ‘first in time’ approach
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CommentAre you set to pay the cost of the cladding crisis?
The new Building Safety Act will hugely affect firms’ potential liability for cladding costs in the wake of Grenfell
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CommentExperts in two minds – but within one firm
A recent appeal case looked at whether a company can provide expert services in claims for and against the same party
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CommentInternational arbitration – which system of law applies?
A recent Supreme Court ruling clarifies how to determine which country’s legal system should apply to an arbitration under an international construction contract
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CommentInsolvent companies are not barred from adjudication
The Supreme Court has ruled that the insolvency set-off rules do not trump the right to adjudication
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CommentContractual confusion: What have you agreed?
Steven Carey looks at the confusion that can arise when parties are not clear about what contractual terms have been agreed
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CommentDon’t touch those defects
Steven Carey examines the feasibility of applying for an injunction to restrain a replacement subcontractor from rectifying defects
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CommentMears v Costplan: Identifying practical completion
Steven Carey looks at one of the first cases to apply the recent Mears vs Costplan ruling on identifying practical completion
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CommentLegal: What happens when an architect changes your design without telling you
Steven Carey reviews a recent case about an architect found negligent for changing a design without the clients’ consent
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CommentLegal: Cost conscious
Steven Carey looks at how third-party funding and ATE insurance can help lighten the financial burden of litigation
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CommentLegal: operating under-covered
Steven Carey looks at problems in obtaining professional indemnity insurance for cladding-related work in the wake of the Grenfell fire
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CommentLegal: Timing is everything
A recent judgment looks at the age-old question of when a cause of action accrues – alter it at your peril
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CommentLegal blog: how not to meet a sticky end
Steven Carey explains why the Court of Appeal ruled that the need for payless notices applies to final payments as well as interim ones
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CommentLegal blog: Ways of escape - undoing PFI
Steven Carey wonders how Labour’s proposal to bring PFI schemes back ‘in house’ could possibly be implemented
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CommentIf the advice isn’t right
Construction professionals often give advice on the best course of action in a construction project. However, if such advice is wrong, for what losses could the consultant be liable?
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CommentAbsent friends
When a contractor goes into liquidation, can an employer avoid paying them a previously certified sum? A recent case provides guidance
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CommentMulti-party problems
Construction defects and multi-party proceedings – can there be an easy win for the employer?
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CommentSubrogation: Not so plain sailing
Subrogation and issues of joint insurance often arise when drafting construction contracts. What guidance can a judgment involving a hired boat offer in these areas?