All articles by Jeffrey Brown
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CommentInsurers told to pay out over covid
The Supreme Court has largely struck down insurers鈥� appeals against a ruling on their refusal to pay out over covid on business interruption insurance
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CommentDoes business interruption insurance cover covid?
A recent ruling shows that if insurance is to cover pandemic risks in future, then policy wordings specific to the construction industry will need to be drafted
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CommentLitigation costs: No money-back guarantee
Recovering the costs of litigation can be a complex process subject to a variety of constraints
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CommentIs it fair to share the pain? Rectifying defects on a project
Jeffrey Brown聽considers who should pay for the rectification of defects discovered during the work under a target cost contract聽
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CommentHackitt consultation: Taking a hard line on risk
The insurance market for contractors is increasingly tough, and not just on cladding-related work
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CommentLost profits? Then prove it
A damages claim for delay can include head office overheads and lost profit if certain conditions are met
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CommentLegal: The right to exclude
Terms limiting liability must not only be fair but must also correspond with a service provider鈥檚 standard terms of business
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CommentLegal: Have you got it covered?
Subcontractors should beware of disqualifying themselves from being covered by the contractor鈥檚 project insurance
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CommentLegal blog: Who pays the bill for Grenfell?
Jeffrey Brown considers building owners鈥� potential liability claims against architects and contractors for replacing high-rise cladding
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CommentNEC4: Events, dear boy, events
NEC4 contains subtle changes to clause 61.3 that relate to compensation events and which await judicial clarification
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CommentHad enough of experts?
Expert reports are not 鈥榚xpected or required鈥� in the new edition of the pre-action protocol for construction disputes. But construction claims have less chance of settling without them
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CommentOral agreement: Power of the spoken word
Where a contract insists all changes must be in writing, what effect should there be when changes are introduced following an oral agreement? A recent Court of Appeal case provides guidance
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CommentDisclosure of correspondence in litigation
Disclosure of correspondence will be sought by subcontractors in litigation with main contractors.聽But can they withhold details of settlement agreements?
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CommentClarity begins at home
A recent case that revolved around a party鈥檚 liability in relation to asbestos has highlighted once again the importance of clear contract drafting
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CommentTouching the void
A recent decision shows the consequences of failing to disclose material facts to insurers - dangers the Insurance Act 2015 should help alleviate
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CommentAre you being served?
Unless the employer serves its payment or pay less notices, it should expect to pay the amount applied for - irrespective of the true value of the work actually carried out
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CommentBattle of the dictionaries
A recent case shows how contractors wishing to insure against liabilities need to be clear about the meaning of key words
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CommentExtensions of time: After the event
The judge鈥檚 comments in a judgment around extensions of time provide future guidance
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CommentInsurance Bill: Devil in the detail
The Insurance Bill should put an end to 鈥榖asis of contract鈥� clauses that allow an insurer to avoid liability if a statement in the proposal form is incorrect
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CommentSharing out the risks
BIM is supposed to help eliminate design risk but the different parties on a project must make sure that their responsibilities and liabilities are clearly defined