Welcome to the latest edition of 'Building Blocks', Charles Russell's quarterly on-line update focused on the Construction and Engineering industries. The update is produced by Charles Russell's specialist Construction and Engineering Team. Building Blocks aims to profile legal developments and case law that may affect your business.

In this edition we consider the prohibition on recovering certain losses in negligence, the problem of sub-contractor's inadvertently taking on design liability, the new - but rarely mentioned - requirement for air conditioning inspection certificates and the duty to manage asbestos. In addition, as part of our regular "Foundations" series of articles (which review basic legal principles) we look at the merits of advancing a claim for "distress and inconvenience".

Finally, we are delighted to highlight the firm's latest recruit to our Bahrain office, Flynn Jennings, who has substantial energy and construction experience.

Yours sincerely,

David Savage,
Partner - Head of Construction and Engineering


NEGLIGENTLY CONSTRUCTED COMMERCIAL BUILDINGS - RECOVERING DAMAGES
If a contractor negligently constructs a building, then one would expect to have a remedy against the contractor, right? Not necessarily. For claims pursued in tort i.e. for negligence, as opposed to through contract (under a building contract or collateral warranty), the courts have decided that the cost of remedying damage to the building in question are generally not recoverable. For more information click here.



SUBCONTRACTOR'S DESIGN LIABILITY
Through conduct a sub-contractor may unwittingly take on design responsibility which realising it. More importantly without being paid for it. This article considers some potential traps for the unwary and offers tips on restricting liability. Click here.
AIR CONDITIONING INSPECTION CERTIFICATES
 The press is full of commentary (and criticism) about HIP's and EPC's. However a topic which is yet to make the headlines, but which will have a similarly significant impact is the fact that shortly all commercial buildings will require an air conditioning inspection certificate. This obligation flows from the same European Directive that introduced EPC's and will be introduced in stages depending on the cooling capacity of the air conditioning units. For existing systems with a capacity of over 250kw, the first inspection must take before 4 January 2009. With just 6 months to go until this deadline, it is anticipated that many building owners are going to have difficulty in complying with this new requirement particularly as currently inspectors are unlikely to be appropriately trained and accredited.



ASBESTOS - A DUTY TO MANAGE
Asbestos is the greatest single cause of work related deaths in the United Kingdom. More than 3000 people die each year from asbestos related diseases. All owners and occupiers of non-domestic property have a duty to identify and manage any asbestos located within their property. A breach of this duty can result in criminal and civil liability. For more information, click here.

FOUNDATIONS: DAMAGES FOR DISTRESS AND INCONVENIENCE
Claimant's will often include an amount for "distress and inconvenience" when making a claim. In reality a Court is likely to find that very little or no sum is payable in respect of such claims. For a review of relevant case law click here.


ENERGY AND NATURAL RESOURCES EXPERTISE IN BAHRAIN
Charles Russell has strengthened support in the Middle East with the appointment of an oil and gas specialist in the firm's Bahrain office. Flynn Jennings joins Charles Russell's Bahrain office from RasGas Company Limited, one of the premier integrated liquefied natural gas (LNG) enterprises in the world. Flynn has many years experience upstream and downstream that is at the disposal of clients at all levels-and in all sectors of the oil and gas industry. For more information click here.


For more information on Charles Russell's Construction & Engineering Team click here or contact David Savage (Partner, Head of the Construction & Engineering Team) at david.savage@charlesrussell.co.uk or on 01483 252614. The Chambers UK Guide to Legal Profession 2008 described the Charles Russell Construction & Engineering Team as follows:

"Split between offices in Guildford and Cheltenham, this construction team has been growing at an admirable rate under the leadership of David Savage, with little sign of abatement: three new fee earners have joined in the past year, bringing the total to seven. The group offers a full range of contentious and non-contentious construction work. Clients choose the firm for its "development experience, local government knowledge, ability to get to the heart of a matter and keen prices".

David Savage, Stephen Rockhill and Sarah Jane Hudson are all ranked as leading individuals by Chambers 2008.

Previous Editions:
April 2008 >>more>>
January 2008 >>more>>
September 2007 >>more>>
June 2007 >>more>>