Insights: Ian Smith

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What Lies Beneath: beware documents hidden in the contract bundle

Ian Smith |

The recent decision of Clancy Docwra Ltd v E.On Energy Solutions Ltd is a useful reminder to parties to be clear on how works in a construction contract are defined and incorporated.


Building safety, flammable cladding, and the Hackitt report

Ian Smith |

The fire at Grenfell Tower that took place in June 2017 resulted in 71 deaths and a large number of further injuries. Following the fire a number of inquiries and reviews were set up, including an independent review of fire safety and the current Building Regulations. This review was led by Dame Judith Hackitt and […]


The right to choose: notifications and PI policies

Ian Smith, Kathryn Davies |

In the recent case of Cultural Foundation (t/a American School of Dubai) & another v Beazley Furlonge Ltd & others, the court considered issues surrounding the notification of insurance claims, where a prospective claim had the potential to fall within two separate notification periods. The case concerned professional indemnity insurance policies that provided insurance to […]


Two or more clients and the CDM Regulations

Ian Smith |

“It doesn’t take a genius to know that any organization thrives when it has two leaders. Go ahead; name a country that doesn’t have two presidents. A boat that sets sail without two captains. Where would Catholicism be without the Popes?” The Office, ‘The Promotion’ Many projects have various parties ‘for whom a project is […]


Post-termination payments and the importance of notice

Ian Smith |

Against the backdrop of Carillion, parties need to keep in mind issues of payment upon termination of a construction contract. A recent Court of Appeal decision has confirmed that section 111 of the Construction Act applies to payments due after termination of a contract. A party must give a pay less notice if it wants […]


‘Something tells me it’s all happening at the zoo’

Ian Smith |

Chester Zoo fell victim to a type of fraud called ‘invoice hijacking’, where fraudsters intercept correspondence between two parties that have an existing contractual relationship and invoice the target for services that have actually been rendered. Chester Zoo had engaged Laing O’Rourke to carry out construction works for a safari experience valued at approximately £17 […]


Overpayments, recovery and settlement: Graham Leslie v Farrar Construction

Ian Smith |

A recent case demonstrates the importance of having a written agreement in place, no matter how tempting it may be to solely rely on oral terms. Graham Leslie v Farrar Construction Ltd is a Court of Appeal decision regarding the recovery of overpayments made to a contractor. Mr Leslie and the contractor, Farrar Construction, entered […]


Severance and survival

Ian Smith |

A recent decision in the Technology and Construction Court (TCC) in the case of Stellite Construction Ltd v Vascroft Contractors Ltd emphasises the difficulties for a party in arguing that an adjudicator has materially breached the rules of natural justice. However it also reminds us that the adjudicator’s frame of reference for jurisdiction will be […]


‘Amber, Green and Red Surprise’: Conflicts in International Arbitration

Ian Smith |

A recent case in the Commercial Court, which has coincided with our experience of an arbitrator resigning due to a potential conflict, has brought attention to the International Bar Association’s Guidelines on Conflicts of Interest in International Arbitration. The IBA Guidelines are frequently used in the international arbitration arena to consider impartiality and independence. With […]


Third Star Wars project for Fladgate

Ian Smith |

Fladgate LLP’s (Fladgate) construction team acted on their third Star Wars themed project for Merlin Entertainments, the world’s second largest leisure group.  The project at LEGOLAND® Windsor Resort creates scenes from the Star Wars movies made out of 1.5 million LEGO® bricks.  Previous Star Wars themed instructions on which construction partner Barry Hembling and his […]


Fladgate instructed on new hotel and accommodation projects by Merlin Entertainments

Ian Smith |

Fladgate LLP’s (Fladgate) construction team has been instructed on a number of new hotel and accommodation projects by Merlin Entertainments (Merlin), the world’s second largest leisure group. Live projects include the construction of a new LEGO® themed hotel in Japan.  The hotel is to be built adjacent to the new LEGOLAND® Japan which is currently […]


Fladgate to support Merlin Entertainments plc with China expansion plans

Ian Smith |

As part of their ongoing relationship, Merlin Entertainments plc (Merlin) has instructed Fladgate LLP’s (Fladgate) construction team to assist with its expansion plans in China. Having previously worked on Merlin’s five existing attractions in China (Madame Tussauds in Shanghai, Hong Kong, Beijing and Wuhan, and Chang Feng Ocean World aquarium in Shanghai), Barry Hembling (Fladgate […]