Insights: Oliver Tobin

Delayed payments, overrunning costs and insolvency are an increasingly common reality of construction projects in the United Kingdom.  The insolvency of key members of the supply chain can derail a project, yet sub-contractors – who commonly work to tight margins – are often forced to wait months before receiving payment. Developers should always be mindful […]

The Court of Appeal today handed down a judgment confirming the interplay between construction adjudication and the insolvency regime.  Fladgate acted for the successful respondent. The appeal was from a decision of the judge in charge of the Technology and Construction Court in Michael J Lonsdale (Electrical) Ltd v Bresco Electrical Services Ltd (in liquidation).  […]

‘Practical Completion’ (PC) plays an important role on construction projects, often signifying the release of retention monies, ending the contractor’s liability for liquidated damages, commencing the defects liability period and passing possession of the works to the employer. The term is almost universally used in the construction industry, yet, despite its significance, is not legally […]

A recent decision of the Technology and Construction Court (TCC) has emphasised the challenges a claimant faces establishing a duty of care in the absence of a contractual relationship. In BDW Trading v Integral Geotechnique[1], the TCC found that a where a consultant prepared a report in respect of a site to be sold for […]

The Court of Appeal has handed down its decision in a long running dispute concerning the duties owed by a project monitor.  Lloyds Bank Plc v McBains Cooper Consulting Ltd[1], underlines the importance of a cohesive and open relationship between a funder and its project monitor in a development finance transaction. Facts McBains was the […]

The Housing Grants, Construction and Regeneration Act 1996 (Act) grants the right to refer disputes relating to construction operations to adjudication.  However, a number of operations under section 105(2) of the Act are excluded from this right. The recent decision of the Technology and Construction Court (TCC) in Equitix v Bester[1] offers helpful guidance on […]

What do you do when your architect designs something that is way beyond your budget? That was the issue in the recent case of Riva Properties v Foster + Partners. Oliver Tobin reports. A recent decision of the Technology and Construction Court (TCC) has considered the scope of an architect’s duty of care, specifically in […]

Fladgate has advised Harbor Group International (HGI) on the £48m acquisition and financing of 6-8 Bouverie Street, London EC4Y 8AX.  The team acted on the £31.2m facility with Helaba from Tudor Court Limited.  Fladgate’s real estate and finance teams worked closely together to manage the loan facility from Helaba. HGI is a leading global real […]

Fladgate LLP has advised U+I in respect of a redevelopment project at Circus Street, Brighton.  The £130m mixed use regeneration scheme in partnership with Brighton and Hove City Council will provide housing, student accommodation, dance studio for South East Dance, office and retail space.  We advised on the construction aspects of the project, including all […]

The technology was on show at London Fashion Week — which raises the issue of design and copyright infringement After London Fashion Week last month, it was the models’ 3D printed footwear and dresses that made headlines. But as 3D printing edges towards the fashion mainstream, presenting exciting new opportunities for manufacturers and designers alike, […]

Whilst developers, owners and investors keep close tabs on the value of their property portfolios, most neglect to consider the intangible assets that exist within their bricks and mortar. IP rights can come in many forms, including building design, names, nicknames and addresses, all of which need careful safeguarding in this day and age. Eddie Powell and Oliver […]

A recent decision of the High Court in Software Incubator Ltd v Computer Associates UK Ltd[1] has clarified that software is a good for the purposes of a commercial agency agreement, allowing a commercial agent to claim ‘no fault’ compensation from the software supplier following termination of the agreement. Software Incubator Limited (Software Incubator) signed […]