DGA kick off 2024 with the first Ebrief - 7 Feb 2024
This is our first EBrief publication of 2024. These regular quarterly publications bring commentary on developments within the construction industry and expert articles relating to the core quantum /commercial and delay analysis services provided to our clients across the DGA offices, supported by a guest legal viewpoint on each occasion.
The timing of this edition coincides with the opening of our latest international office in Dublin, DGA Ireland, where Mark Kehoe and Michael Lewis will be facilitating the full range of DGA services, now including those of our sister business, Henry Riley, as part of the wider TSA Management group offering. Further details can be found at the end of this publication.
Mark returns home to Dublin after working with DGA’s Brisbane based team in Australia. At the same time, Michael is well established in the Dublin market, having owned and run the locally based business Schofield Lothian Ireland for the last 35 years and having collaborated with DGA a number of times during this period. Our Dublin team will be providing a local industry related article for our subsequent Ebrief publication.
Turning to this publication and its contents, our guest article on this occasion comes from Joe Mills, Solicitor at Ward Hadaway LLP, who looks at what constitutes a Pay Less Notice (PLN) in England & Wales under The Housing Grants, Construction and Regeneration Act 1996, and how it is frequently the subject matter of disputes arising out of payment cycles in construction disputes. Staying with adjudication but moving to the other side of the world, Lorine Liu (Senior Consultant DGA, Australia) follows up on her contribution to the last EBrief with her look at adjudication outcomes in Victoria and the potential impact of legislative change.
Brendan Robinson (Director, DGA UK) examines the pitfalls of not ensuring there is an Accepted Programme when working under the NEC form of Contract and how to protect against this occurring. Also, in the UK, Mark Lucas (Director, DGA UK) looks at what constitutes Practical Completion under the JCT suite of contraction contracts, considering how this is affected by defects (trivial, significant or latent) and employer occupation (beneficial or not).
Lastly, we end with a mainland European flavour provided by Christina Pavli (Senior Consultant, DGA UK) and Angelos Markou (Senior Consultant, DGA UK) from our delay team, who provide a focus on contracts and dispute resolution in Greece. In particular the key differences between Greek contract law and English contract law, the Greek court system and dispute resolution methods encountered in Greece.
As always, the details of the training services DGA offers across our various international offices are at the back of this publication. With the Lunar New Year imminent, I will take this opportunity to wish you all a happy Chinese New Year.
Enjoy your read!
Jim Bourke
DGA Group Managing Director
To read the full edition please click here or visit The Reading Room