PLC Construction

Who is Practical Law Company?

Practical Law Company (PLC) is the leading provider of legal know-how, transactional analysis and market intelligence for lawyers. We don't aggregate primary sources or produce academic textbooks. We deliver and maintain the guidance, analysis and materials front-line lawyers need daily. We work closely with law firms and in-house law departments to provide innovative and practical solutions in know-how, technology and practice development.

Your clients demand quick, accurate advice. PLC Construction can help. A range of uniquely practical materials, written and maintained by former construction lawyers who know what life on the front line is like.

Subscribing to PLC Construction means that you:

  • Never miss an important development
    Filtered current awareness with practical guidance and commentary, giving you more time to apply new developments to your clients' issues.
  • Confidently advise your clients on law and its practical implications
    PLC Construction is written and maintained by a team of experienced professional support editors, who have 71 years PQE between them.
  • Ensure consistency and quality throughout your practice
    PLC Construction gives you access to an unrivalled bank of continually maintained practice notes, checklists, standard documents and drafting notes.
  • Focus on issues that matter to your clients
    PLC Construction provides a foundation of know-how which allows you to focus on developing unique know-how and client specific issues.

Click on the tabs above for more information about PLC Construction.

Resources

We provide a range of know-how materials about construction law for lawyers and others doing business in the UK, including:

Precedents, letters and drafting notes

Documents you can trust. Continually maintained to reflect developments in law and practice, allowing you to focus on drafting the document rather than updating it. Our branding tool distinguishes your documents from the competition, at no extra cost.


Checklists and flowcharts

Simplify complexity. Ensure you have everything covered with quick reference guides to the law.


E-mail updates with analysis and commentary

Keep up-to-date. Filtered current awareness delivered by e-mail, focused on your needs. Never miss an important update.


A comprehensive bank of practice notes

The law applied to situations you face daily. Containing clear and detailed explanations of law and practice, updated to reflect developments as they occur.


Meet your CPD requirements

75% of your annual CPD requirement available online. A wide range of online training materials, from podcasts and videos to case studies with multiple choice quizzes – included as standard in Practical Law Plus.


A database comparing and analysing public deals documents

Stop squandering precious time trawling for public deals information. Search and compare a wide range of public company transactions; keep up-to-date with market practice.


Multi-jurisdictional guides

Get to grips with the law in unfamiliar countries. Concise summaries of the law and specific aspects of transactions, covering a number of jurisdictions.


Ask PLC

Ask PLC is a chance to ask questions of the team who write our resources. We can expand on what we have written, point you to useful resources and act as a sounding board on tricky points. You can see what your peers and clients are asking, read our replies and join in the discussion on our Ask PLC homepage.


Legislation

Click on a reference to legislation in our material to see all our related coverage. You can also view the text of the legislation for free from the official source Legislation.gov.uk.


Books online

Access more than 150 English law, Scots law and tax books from publisher Bloomsbury Professional on Practicallaw.com. All books are searchable and integrated with Practical Law resources. Books online are available as part of an extended free trial.

What we cover

Our online resources are tailored top suit practitioners who specialise in contentious and non-contentious construction law. PLC Construction includes the following key areas:

  • Building and engineering contracts
  • Collateral warranties and third parties
  • Dispute resolution, including:
    • adjudication;
    • alternative dispute resolution (ADR);
    • arbitration; and
    • litigation.
  • Development documents.
  • Health and safety
  • Insolvency
  • Insurance
  • Procurement and public procurement
  • Professional appointments and liabilities
  • Real estate and project finance
  • Regeneration and the environment
  • Statutory liabilities and taxation

Who we are

Iain Murdoch

Iain Murdoch joined PLC in January 2007 from Taylor Wessing, where he was a senior associate in the construction and engineering group. Iain specialises in non-contentious construction law, having worked for property owners and occupiers, developers, lenders, contractors and consultants. Iain specialises in non-contentious negotiation, contract drafting and reporting work, but has also advised on the pre-action stages of construction disputes, the settlement of disputes and adjudications. He trained at Lewis Silkin before joining Speechly Bircham following qualification. While at Speechly Bircham, he undertook a part-time secondment to an international construction and engineering contractor's in-house legal department. Iain is a member of the Society of Construction Law and is head of PLC Construction. Iain is currently a non-practising solicitor.


Yassir Mahmood

Yassir Mahmood qualified in 2001 and spent six years working for K&L Gates, where he was an associate in the construction and engineering group. Yassir has advised on the negotiation of building contracts and professional appointments, as well as international engineering projects and PFI transactions. He has also represented clients in adjudication and litigation. Yassir’s time at K&L Gates included a secondment to the legal department of a well-known construction contractor, and he was also involved in drafting the latest RICS standard forms of consultant appointment, published in June 2008. He is a member of the Society of Construction Law. Yassir joined PLC Construction in December 2007. Yassir is currently a non-practising solicitor.


Michelle Rousell

Michelle Rousell is a former solicitor. She trained at Cameron Markby Hewitt (now CMS Cameron McKenna) and then spent five years at Nabarro Nathanson (now Nabarro) before joining the construction and engineering team at Lewis Silkin in September 2000. She specialised in all aspects of construction and engineering disputes and worked for a wide range of clients - employers, contractors, specialist subcontractors and their insurers, registered social landlords and public bodies. Part of Michelle's time at Lewis Silkin was spent on secondment to the in-house legal team of an international mining company, where she was primarily engaged on an ADR scheme voluntarily established by the company. She is a member of the Society of Construction Law and joined PLC Construction in February 2008.


Omar Roomi

Omar Roomi studied Social Anthropology at Goldsmiths, University of London and graduated with a First. He then went on to study the GDL and attained a Distinction on the LPC at Kaplan Law School. Omar joined PLC in January 2011 as a paralegal for PLC Property, PLC Construction and PLC Environment.


Harpal Jutley

Harpal Jutley graduated from City University, London with a 2:1 in Law (LLB (Hons)). He then completed the Legal Practice Course at The College of Law, Bloomsbury with a Distinction. He has worked as a paralegal for various small/medium sized law firms and has acted as an advisor for The Legal Advice Centre within The College of Law. He recently worked in the financial services sector with Lloyds Banking Group before joining PLC as a Real Estate Paralegal in September 2011.


Joe Jones

Joe Jones joined PLC in July 2012 as a paralegal for PLC Property, PLC Construction and PLC Environment. He completed his undergraduate degree in Law at the University of Oxford in June 2012. He has previously worked on undergraduate summer schemes at Hogan Lovells LLP and Covington & Burling LLP as well as numerous barristers’ chambers.


Megan Bennett

Megan Bennett graduated from Durham University in 2012 with a First in Law (LLB (Hons)). She joined PLC in September 2012 as a paralegal for PLC Property, PLC Construction and PLC Environment.


Arjun Ahluwalia

Arjun Ahluwalia joined PLC in September 2012 as a paralegal for the PLC Tax, PLC Private Client and PLC Share Schemes & Incentives. He now works as a paralegal for PLC Property, PLC Construction and PLC Environment. Arjun read law at the University of Oxford (St John’s College), graduating in 2009. He was called to the Bar at Gray’s Inn in 2009 and spent a year working in a voluntary capacity with the Free Representation Unit before going on to complete an LLM in Public Law and Human Rights from University College London, for which he was awarded a Merit.


A free trial to PLC Construction includes access to our practice notes, continually maintained standard documents and clauses with drafting notes, checklists and much more - all written by our experienced team of construction legal experts who know what life on the front line is like.

Assignment and novation of construction documents

An overview of the assignment and novation of construction documents, which provides examples of assignment and novation in property development documents.

PLC Construction
Contents

Assignment and novation in a construction context

Where a construction project has taken place or a building has been refurbished, the parties carrying out the design and construction will usually have entered into contracts with:

  • The developer of the project.

  • Third parties with an interest in the project.

At some stage, often after completion of the construction works, the developer or third party may need to transfer the benefit and/or burden of some or all of these construction documents to another party. This will be effected by an assignment or a novation.

This note considers the general legal rules dealing with the assignment and novation of construction documents. Examples of the types of document referred to in this note as "construction documents" include:

The note starts by giving examples of the:

The note then considers what assignment and novation are, in What are assignment and novation?. It concludes with practical comment on:

To read more, request a free trial using the form on the right.

Settlement of disputes involving multiple parties

A practice note explaining settlement of disputes involving multiple parties, looking at the legal principles, the issues that arise (including the reasonableness of a settlement). The note also looks at the Technology and Construction Court's (TCC) judgment in Siemens Building Technologies FE Ltd v Supershield Ltd [2009] EWHC 927 (TCC) and the Court of Appeal's judgment in Supershield Ltd v Siemens Building Technologies FE Ltd [2010] EWCA Civ 7.

Claire McNamara, Berwin Leighton Paisner LLP
Contents

Issues that arise on settlement of multi-party disputes

Construction projects nearly always involve a number of parties. For example, in addition to the employer and the contractor, most projects include the services of consultant engineers and architects, with various sub-contractors engaged along the contractual line. Therefore, it is not unusual for disputes to arise between a number of different parties and for one party to find itself "stuck in the middle", defending claims while, at the same time, seeking to pass on liability to others further down the contractual chain.

A party may decide to settle its liability with one party before turning its attention to the liability of others and the claims arising out of their involvement in the project. It may not be possible or, indeed, advisable for a party to settle all disputes with all parties at the same time. There may be a number of reasons for this:

  • Where there is a clear risk of liability, it may be in a party's best interests to settle a claim against it to avoid incurring further costs and then to seek to recover the settlement sum from others involved on the project who share responsibility for those losses.

  • The settling party may have additional claims it wishes to pursue against another party. It may be more cost effective to pursue those claims, along with the recovery of the settlement sum, at a later stage. This is likely to be the case if certain losses against the other party (or parties) have not crystallised.

These situations throw up a number of issues and this note:

For:

To read more, request a free trial using the form on the right.

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