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When is a collateral warranty a “construction contract”?

Practical Law Construction

Or should that be, when is a collateral warranty not a construction contract? In addition to the fascinating judicial review cases being brought by the Good Law Project, one case that caught my eye was Timberbrook Ltd v Grant Leisure Group Ltd because it concerned the construction of a new orangutan enclosure at Blackpool Zoo.

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Ireland’s Construction Contracts Act 2013 before the courts

Practical Law Construction

Some of us are old enough (just) to remember life before statutory adjudication was a thing, before the Construction Act 1996 was enacted and came into force. Roll forward to 2021 and statutory adjudication is an integral part of the legal landscape that most construction practitioners have only ever known. My take aways.

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Cranes on the horizon: construction arbitration abroad

Practical Law Construction

It is common in many construction contracts for dispute boards to be used as part of a tiered dispute resolution mechanism. To take Brazil as an example, following in the footsteps of the 2012 London Olympics, the Rio 2016 Olympic Games implemented dispute avoidance and resolution provisions in 35 of the key contracts as part of the Games.

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Abbey Healthcare v Simply Construct – opening the floodgates or the death of collateral warranties

Practical Law Construction

Rights and wrongs aside, for almost a decade since the Parkwood decision , it has been clear that in certain circumstances a collateral warranty may be deemed by a court to be a “ construction contract ” for the purposes of the Construction Act 1996. Parkwood – the importance of warranty language. What happened?

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BIM-used copyright: Dealing with emerging technologies in construction

Practical Law Construction

We have explored various topics as part of our intellectual property in construction series. For example: The Construction Act 1996 provides that payment must be made in instalments (so the designer is not held to ransom awaiting the entire payment at the end of the contract). The impact of BIM on copyright licensing strategy.

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Drones in construction – designing for urban air mobility

Practical Law Construction

While data collection is a common and continuing use of drones in the construction industry, their potential goes much further. Data collection in the construction industry. In London alone, parcel deliveries increased by 65% between 2012 and 2016 and they are expected to grow by a further 33% by 2021. Urban air mobility.

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Hands off! Ownership of goods and materials on construction projects

Practical Law Construction

There is significant financial uncertainty in the construction industry. If there are no such provisions the Supply of Goods and Services Act 1982 (for construction contracts) and Sale of Goods Act 1979 (for supply contracts) will apply. The future is very uncertain at the moment.