Perspective Summer 2019

Probyn Miers welcomes you to our Summer 2019 edition of ‘Perspective’ which brings you news, information and points of view on topical issues relevant to construction lawyers, architects, contractors, engineers, insurers and to all our colleagues and friends in the international and UK Construction Industry.

Architects Keeping Good Records
By Michael Ogus

A recent case in the Technology and Construction Court (TCC): Freeborn v Marcal [2019] EWHC 454 (TCC), highlights the importance to all architects of good record keeping, providing a written brief and ensuring that any changes to the brief are clearly explained to the client……  Read More

RIBA New Code of Conduct 2019
By Katerina Hoey

The Royal Institute of British Architects (RIBA) published an updated Code of Professional Conduct on 8 April 2019, (“the RIBA Code”). This came into force on 1 May 2019 alongside new procedures for dealing with disciplinary issues….. Read More

Updates & News

Balcony Scene

On 24 June 2019, MHCLG issued its “Advice Note on Balconies on Residential Buildings”.  In this note MHCLG advised that “the building regulations required that the material and construction of balconies should have been such that balconies should not compromise resident safety by providing a means of external fire spread, even before the introduction of the ban on combustible materials in December 2018”, and that “these provisions apply to buildings regardless of height”.  Before 2018, the Approved Documents provided little clear guidance on fire safety of external balconies, and the change in regulations and guidance is welcome.

New Publication

‘Construction Law in the International Environment ’

Editor & Lead Author: Fernando Marcondes – L.O.Baptista- Sao Paulo 

Editorial: Almedina- Brazil

Preface by Christopher Miers – an extract: 

“This book brings together key elements of international construction law and best practice which represent recurrent themes in the successful delivery of international construction projects. The timing of the publication of the book is important as we see the continued expansion of international construction law as a niche specialist area of legal practice, and we engage with project participants from worldwide cultures…’ Hence, I envisage that this book, expertly conceived of and brought together by the leading, distinguished construction lawyer Fernando Marcondes, with its range of topics and its expert authors, will be much referred to and often cited’. Click here to read the Preface

Introduction by Fernando Marcondes- an extract:

“The proposition of reuniting tendencies and practices of contracting parties in the international environment of the Construction sector was made in 1997 [1], in a brilliant article which considered that due to the increasing infrastructure projects developed internationally, it would be necessary to go beyond laws and custom and usage. The adoption of international contract models and the practice developed during the execution of these projects had already created, at that stage, a collection of references that could not be ignored by the interpreters, whether they were judges, arbitrators, dispute boards members or even parties directly involved with the execution of these contracts and responsible for the decision-making throughout. Click here to read the Introduction