Case Note – Northern Ireland Housing Executive v Healthy Buildings (Ireland) Limited [2017] NIQB 43

June 2, 2017

“…why should I shut my eyes and grope in the dark when the material is available to show what work they actually did and how much it cost them?” Leading construction lawyers in Cleaver Fulton Rankin were recently involved in a High Court case which confirmed that actual costs are relevant to the assessment of … Continue reading Case Note – Northern Ireland Housing Executive v Healthy Buildings (Ireland) Limited [2017] NIQB 43

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Adjudication in the Construction Industry

June 9, 2016

The recent Lord Justice Gillen review of access to justice and reforms of the Court system in Northern Ireland points to the intention of the Courts to revolutionise the Court System. Alternative Dispute Resolution techniques such as Arbitration, Adjudication and Mediation will be key features of the anticipated reforms which may be initiated in a … Continue reading Adjudication in the Construction Industry

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Key Tips to Avoid the Pitfalls of Termination

October 5, 2015

The 2013 High Court case of Vivergo Fuels Ltd v Redhall Engineering Solutions Ltd1 highlights the problems a party can face when exercising its right to terminate. In particular, it deals with the situation where another party challenges the validity of a termination notice and claims that the termination is itself a repudiatory breach entitling … Continue reading Key Tips to Avoid the Pitfalls of Termination

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Mears Ltd v Shoreline Housing Partnership Ltd

June 18, 2015

The Technology & Construction Court handed down judgment this year in Mears Ltd v Shoreline Housing Partnership Ltd [2015] EWHC 1396 (TCC). The case touches on Clause 10.1 of NEC3 and provides some further guidance as to its effect. Facts Shoreline Housing Partnership Ltd engaged Mears Ltd to carry out on-going repair and maintenance to a portfolio of … Continue reading Mears Ltd v Shoreline Housing Partnership Ltd

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Construction Newsletter – May 2015

May 20, 2015

Please click on the link to download the Contruction newsletter for May 2015

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Northern Builder – Legal Excelence from Cleaver Fulton Rankin

December 1, 2014

Cleaver Fulton Rankin’s market-leading team of lawyers deliver comprehensive commercial and practical advice, designed to achieve the most cost efficient result, to a diverse range of corporate clients. CONSTRUCTION The Construction Team specialises in providing advice across the spectrum of non-contentious matters such as drafting and advising on building contracts, appointments, bonds, novation agreements and collateral warranties. Notable projects include Titanic film studios, Titanic Belfast, … Continue reading Northern Builder – Legal Excelence from Cleaver Fulton Rankin

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ALTERNATIVE ENERGY SUPPLIES – future considerations for Northern Ireland

As energy prices increase and the average family in Northern Ireland continues to experience a tightening of its disposable income, it is not surprising that individuals and businesses alike have started to investigate means of reducing their energy costs. This, coupled with the perceived availability of Government grants and the perceived reductions to one’s carbon footprint, means that the roof tops of Northern Ireland are starting … Continue reading ALTERNATIVE ENERGY SUPPLIES – future considerations for Northern Ireland

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Liability of Architects for Design Defects in Construction Projects

May 23, 2014

Overview The manner in which design defects are treated can give rise to challenges in construction projects. It is not always apparent whether the defect in question is a product of the architect’s poor design or the contractor’s workmanship. This article explores the differences between design defects and poor workmanship and the extent of the legal obligations imposed … Continue reading Liability of Architects for Design Defects in Construction Projects

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Floor Finishes – Best Protecting the Employer and Main Contractor

May 8, 2014

The focus of this edition on floors and floors finishes provides a good opportunity to consider the impact of the same on any development and the steps which should be taken by the Main Contractor and Employer to best protect their interest. In certain types of development, especially sport and recreational developments, the floor or floor finishes may represent … Continue reading Floor Finishes – Best Protecting the Employer and Main Contractor

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Cleaver Fulton Rankin Sponsor the Chartered Institute of Arbitrators’ “Meet the President” Event

April 16, 2014

Cleaver Fulton Rankin’s Construction Unit is proud to be sponsoring the Chartered Institute of Arbitrators’ “Meet the President” event which is being held in Belfast on 29 April 2014. Due to the generous donation of the firm members can attend the event free of charge. The event details are as follows:- “For the first time in history … Continue reading Cleaver Fulton Rankin Sponsor the Chartered Institute of Arbitrators’ “Meet the President” Event

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Architects Beware

October 1, 2013

Until very recently, architects and other related consultants believed there was no risk to them in the case of a fall in market value should a development project become delayed as a result of their inaction or otherwise. The argument in defence of such claims is that the fall in the property value, and consequent reduced profit or increased losses, was not foreseeable, and … Continue reading Architects Beware

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Within Construction Cleaver Fulton Rankin is a First Tier Firm

May 24, 2013

LEADING LEGAL PRACTICE THAT WORKED ON TITANIC BELFAST PROJECT HIGHLIGHTS EXPERTISE WITHIN THE CONSTRUCTION SECTOR… Cleaver Fulton Rankin’s market-leading team of lawyers deliver commercial and practical comprehensive advice, designed to achieve the most cost efficient result, to a diverse range of public and private clients. Led by Director Patrick Fleming, the construction team specialises in providing advice across the spectrum of non-contentious matters such … Continue reading Within Construction Cleaver Fulton Rankin is a First Tier Firm

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Consequences of Main Contractor Insolvency

April 9, 2013

LISA BOYD, DIRECTOR, CLEAVER FULTON RANKIN SOLICITORS, HIGHLIGHTS THE RIPPLE EFFECT OF MAIN CONTRACTOR INSOLVENCY AND STEPS SUBCONTRACTORS CAN TAKE TO AVOID THEM…. Like the ripples in a pond, the consequences of main contractor insolvency reach far and wide. Therefore, it is not only the staff, directors and shareholders of the contractor who lose their main  source of income, but also suppliers, sub-contractors … Continue reading Consequences of Main Contractor Insolvency

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Construction Contracts (Amendment) Bill

May 26, 2010

May 2010 Since 1997 the legislation governing adjudication and payment within the construction industry has remained unchanged; 13 years later the Construction Contracts (Northern Ireland) Order 1997 (“the Order”) is set for a shake up. In April 2009 the Department of Personnel and Finance launched a consultation paper on the proposals to amend the Order and the corresponding … Continue reading Construction Contracts (Amendment) Bill

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The Benefits of Adjudication in the Construction Industry

April 20, 2010

Adjudication is a form of dispute resolution which applies to all written construction contracts in the United Kingdom. ‘Construction’ is widely defined and can therefore catch work not only undertaken by building contractors but also by members of the professional team such as architects and surveyors. As it is a statutory right, the right of either party to … Continue reading The Benefits of Adjudication in the Construction Industry

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Belfast Metropolitan College PPP Completes

November 13, 2009

This £44m PPP reached commercial close in April 2009 and once constructed will see the college facilities at College Square East and Brunswick Street replaced and relocated to Titanic Quarter. Planning approval was issued for the college in February 2009 and Ivywood Colleges moved onto the site together with their sub-contractor Pattons to commence construction in April … Continue reading Belfast Metropolitan College PPP Completes

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Contract Formation in Construction Projects

September 14, 2009

A well drafted contract is a major component of any successful construction project. The contract will not only set out the commercial agreement between the parties but also states the legally enforceable obligations of each party and sets out the process for resolving any disputes. As with all contracts, in forming a construction contract the usual principles … Continue reading Contract Formation in Construction Projects

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False Self-Employment in Construction Industry: Taxation of Workers

August 20, 2009

Following the Government’s announcement at Budget 2009, HM Treasury launched the above consultation on 20 July 2009 with a closing date of 12 October 2009. The scope is stated as “The Government wishes to ensure that construction workers engaged in an employment relationship are taxed appropriately. The objective of this consultation is to develop the best legislative approach.” … Continue reading False Self-Employment in Construction Industry: Taxation of Workers

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Enforcement of Adjudications under the Construction Contracts Order

July 27, 2009

The Construction Contracts (NI) Order 1997 creates a statutory default scheme whereby any party to a construction contract can refer any dispute to adjudication, and where such a contract does not contain an adequate agreed procedure for adjudication, the legislation sets out the adjudication procedure that will apply. Prior to the landmark decision of Mr Justice McLaughlin in … Continue reading Enforcement of Adjudications under the Construction Contracts Order

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