What are collateral warranties and why are they needed? Collateral warranties have been a common feature of building and engineering projects for many years now, yet to many they remain a mystery. There are many legal and commercial rationales for collateral warranties, which can be summarised as: Marketability of the project – if a robust collateral warranty package is not in place then this can lead tenants and purchasers to seek other commercial concessions ...
Introduction A collateral warranty can be a construction contract and therefore subject to the right to refer disputes to adjudication, according to a recent decision by the Technology and Construction Court in Parkwood Leisure Limited v Laing O’Rourke Wales and West Limited [2013] EWHC 2665 ...
Toppan Holdings Limited and Abbey Healthcare (Mill Hill) Limited v Simply Construct (UK) LLP In the case of Toppan Holdings Limited (“Toppan”) and Abbey Healthcare (Mill Hill) Limited (“Abbey”) v Simply Construct (UK) LLP (“Simply”) the TCC held that a collateral warranty between Abbey and Simply was not a construction contract and therefore Abbey could not enforce an adjudication between the parties ...
The recent decision in the Technology and Construction Court (“TCC”) in Toppan Holdings Limited and Abbey Healthcare (Mill Hill) Limited v Simply Construct (UK) LLP arguably does no more than follow precedent. But the outcome is significant for anyone taking a collateral warranty. The lesson is: get a warranty signed promptly, if you do not want to lose the right to adjudicate ...
Modus Operandi for a Tenant who has Become a Hostage of Covid-19 Pandemic The pandemic of Covid-19 disease has turned everybody’s life upside down both professionally and personally ...
Given the impact of the COVID-19 pandemic, a large number of businesses are seeking some form of rent relief from their landlords. When negotiating a rent relief agreement, there is a balance to be struck between providing meaningful relief to a tenant so that its business has a better chance of long term survival, while still allowing the landlord to meet its ongoing obligations, which may include mortgage payments on the property, and other costs which it may not be able to defer ...
On May 7, 2018, Michigan’s version of the Uniform Commercial Real Estate Receivership Act (the “Act”) will go into effect—bringing long-overdue clarity to the laws surrounding receivers and receiver-managed properties. For decades, lenders, borrowers, owners, property managers, and other parties in business (or litigation) with receiver-managed properties in Michigan have had to rely upon a patchwork of case law and the limited guidance offered by MCR 2 ...
Commercial properties groups across Europe are being forced to wait longer to refinance their debts as lenders tighten their belts in the wake of the credit crunch, it has been reported ...
Shoosmiths' real estate experts explore commonly encountered issues and also tips and traps for providing and receiving replies to Commercial Property Standard Enquiries. Replies to Commercial Property Standard Enquiries (“CPSEs”) are designed to provide practical information about the property to assist buyers and tenants with their due diligence ...
On 16 December 2019, the European Commission approved under EU State aid rules, five schemes to support maritime transport in Cyprus, Denmark, Estonia, Poland and Sweden. As far as Cyprus is concerned, the Commission approved the prolongation of a tonnage tax and seafarer scheme in Cyprus. The Commission found that the schemes comply with the rules limiting tonnage taxation to eligible activities and vessel ...
In June 2004 legislation came into force giving Scottish communities a right to purchase land for sustainable development. The legislation is complicated. Even the Scottish Executive's guidance for community bodies states such a purchase is no easy option and requires commitment and patience. It suggests community bodies may wish to consider buying the land by agreement without the use of the legislation ...
In June 2004 legislation came into force giving Scottish communities a right to purchase land for sustainable development. The legislation is complicated. Even the Scottish Executive's guidance for community bodies states such a purchase is no easy option and requires commitment and patience. It suggests community bodies may wish to consider buying the land by agreement without the use of the legislation ...
Under the Hungarian Civil Code, neighbours are required to refrain from any conduct that would needlessly disturb others, especially their neighbours, or jeopardize the exercise of their rights. Well-established judicial practice lies behind the above-cited provision of the Civil Code, the most important features of which we briefly summarize in the following ...
Last year, there were a number of notable developments in competition law, as detailed in this article, several of which involve or are relevant to the construction industry. The Ocean Park case concerned proceedings against a company and its director for exchanging competitively sensitive information with a co-tenderer in a bidding exercise. A number of judgments were handed down in proceedings against contractors ...
As of 6 April 2011 the property sector will be subject to the full application of competition law. Until now, restrictions on competition contained in land agreements have benefited from a specific exemption. This exemption has been withdrawn so that from 6 April 2011 the rules on restrictive agreements apply in full to existing and new agreements ...
Many communities in Scotland are all too aware of the problems associated with living next to land or buildings that are lying vacant or derelict, particularlyin urban areaswhere neglected places are often a magnet for anti-social or criminal behaviour,becomingdumping grounds for rubbish,attracting vermin and generally posing a threat to the safety or health of those living or working in the vicinity ...
On December 21st, 2023, the Chilean Congress approved the bill that modifies Law No. 21,420, which amended the Mining Code as of January 1st, 2024; the Mining Code; the Constitutional Organic Law on Mining Concessions; and the law that creates the National Geology and Mining Service (the “Bill”). Main amendments introduced by the Bill 1 ...
On March 27, 2020, Congress passed the Coronavirus Aid, Relief and Economic Security (CARES) Act. The $2 trillion bipartisan legislation serves as a third round of federal government support in the wake of the economic fallout from the coronavirus (COVID-19) pandemic. Among other things, the Act provides significant relief to air carriers and aviation employees. We outline some of the key provisions below ...
The government has introduced a comprehensive package of measures to combat Covid-19 ("corona virus") since March 13, 2020. These measures include, in particular, the ordered closure, in particular of shops and restaurants. With the Covid 19 Easing Ordinance , many measures were eased again from May. The following overview therefore deals with some essential questions that arise for tenants and landlords due to the current situation ...
The Supreme Court has this week (8 February 2023) handed down a judgment considering whether landlords have management discretion to vary service charge percentages in residential leases. S.27A(1) of the Landlord and Tenant Act 1985 (the Act) gives the First-tier Tribunal (FtT) the ability on application to make various decisions about service charges in residential dwellings, including whether it is payable or not ...
Everyone likes pie of some sort, especially around the holidays. For those working in the construction industry, the rapidly developing energy sector appears to be an ever-expanding “Job Pie” for contractors designing, managing, supplying, engineering, clearing and erecting projects for participants in the energy sector. For clues on how to follow the pie crumbs to real construction jobs, I turned to Melvin Stroble of Black & Veatch. Here is a slice of the information Mr ...
