In this COVID-19 update for the Construction Professions, we make some observations from our unique vantage point over the construction claims landscape.
All of us are having to adapt to the disruption caused by COVID-19, authorities are encouraging businesses and organisations to employing tactics such working from home as essential measures to help prevent the spread of the virus. Is your organisation ready for a potentially extended and lengthy period of remote working?
The spread of the COVID-19 coronavirus continues to dominate the news, with major implications for public health and the NHS. It is also causing economic disruption across the globe and turbulence on the financial markets. We are monitoring developments closely, but we have also put in place sensible measures to ensure that Griffiths & Armour is well prepared.
To mark International Womens Day, a global day celebrating the social, economic, cultural and political achievements of women, we caught up with our very own Tanya Winstanley, Professional Risks Director at Griffiths & Armour.
Most consultants are already familiar with the idea that claims in negligence and/or contract are subject to the doctrine of limitation periods (or prescription periods in Scottish law).
Towards the end of 2018, a Scottish court threw a spanner in the works of those seeking to limit their liability in collateral warranties, by ruling that a prescription period (limitation period) in a collateral warranty was not impacted by the presence of ‘no greater liability’ and ‘equivalent rights’ clauses, which would otherwise have had the effect of ‘time barring’ the claim.
We have recently fielded a number of questions from clients relating to the increasing use of Common Data Environments (or CDEs) on construction projects.
Organisations are increasingly dependent on information and communication technology (ICT) for their day-to-day activities. Whilst this delivers significant benefits, it may also introduce new risks, which if not managed correctly can significantly impact upon operations, financial performance, legal compliance and reputation. Research suggests that the cost of cyber crime in the UK is £34.1 billion per year.
Traditionally claimants always used to plead complete claims in front of judges, so that if the judge felt minded to find for the claimant then the court would go on to award compensation at the same time. The unsuccessful defendant consultant and its insurers would be bound to pay any damages (possibly with costs in addition) within a relatively short timescale.
It has been more than 10-years since Griffiths & Armour published ‘Professional Indemnity insurance: the not so super market’, a paper written as the financial crash of 2008 took hold and the talk in the insurance industry was of insurer withdrawal, a hardening market, increased cost, restricted class wordings and generally challenging times.
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