The Terminator Conundrum: Navigating the Abyss – Variations On A Theme

Blog Author: Simon Tolson – senior partner, Fenwick Elliott LLP Termination of a contract is a serious measure that should only be engaged in cases of fundamental breaches, after exhausting all possible preventive measures. When courts interpret termination clauses, they acknowledge the severe consequences, deeming it a draconian remedy that ends the contract with significant repercussions. Over time, legal principles have evolved to prevent accidental terminations. The process requires careful consideration and legal advice, it is often referred to by lawyers as the ‘nuclear option.’…

Take Care When Unleashing “The Terminator” – Simon Tolson Gives The JCT Povey Lecture 2023

The risks associated with incorrectly terminating a construction contract are such that record numbers tuned in to view Simon Tolson’s vital update for the construction industry in his JCT Povey Lecture, on Wednesday, 22 November 2023. In his presentation entitled “The Terminator”, Simon Tolson, senior partner, Fenwick Elliott LLP, examined some of the key issues surrounding termination, including describing what factors must be considered when seeking termination, how to navigate the process correctly – with careful thinking and preparation, and what happens when things go…

JCT Povey Lecture 2023: “The Terminator”

JCT Povey Lecture 2023 “The Terminator” Presentation by Simon Tolson, senior partner, Fenwick Elliott LLP  Q&A/Discussion hosted by Karen Kirkham, JCT chair Extra information: Download Presentation Slides Download Notes Find out more about Simon Tolson: www.fenwickelliott.com/team/tolson Find out more about Fenwick Elliott LLP: www.fenwickelliott.com About the Povey Lecture The JCT Povey Lecture is an annual event at which an eminent person is invited to give their thoughts on significant matters that are relevant to the construction and property industry. The purpose of the lecture is…

Simon Tolson to Give the JCT Povey Lecture 2023

‘The Terminator’ will be the title of this year’s JCT Povey Lecture, taking place on Wednesday, 22 November 2023. The webinar will be presented by Simon Tolson, senior partner at Fenwick Elliot LLP, and solicitor, chartered arbitrator and adjudicator. In ‘The Terminator’, Simon Tolson will discuss the latest case law, developments, and legal issues surrounding the termination of construction contracts. There has been a number of important decisions in the courts since 2022, and Simon’s presentation will cover: The termination remedy Why and when Background…

Competency, culture, and compliance will ensure we don’t ‘feel the breath of the Building Safety Act upon us’

Gary Neal, head of fire at Skanska UK, delivered a clear set of guidelines to those working in construction to ensure that building projects not only achieve the necessary requirements of the Building Safety Act but also the desired cost and quality outcomes first time, in his JCT Povey Lecture, given on Thursday, 10 November 2022. In his presentation, ‘Building Safety Act: practical steps to compliance in construction’, Gary explained the four main areas of focus of the Act, namely, the changes to general building…

JCT Povey Lecture 2022: “Building Safety Act: practical steps to compliance in construction”

JCT Povey Lecture 2022 “Building Safety Act: practical steps to compliance in construction” Presentation by Gary Neal, head of fire, Skanska UK Panel discussion hosted by Karen Kirkham, JCT chair, featuring Gary Neal and Amanda Long, chief executive, Building a Safer Future Extra information: Download presentation slides Find out more about Skanska UK: https://www.skanska.co.uk/ Find out more about Building a Safer Future (BSF): https://www.buildingasaferfuture.org.uk/ BSF Champions – Benchmarking and Verification for Change Download PDF  Find out more about the BSF Champions process: https://www.buildingasaferfuture.org.uk/get-involved/become-a-bsf-champion/ Find out…

JCT Povey Lecture to discuss Building Safety Act and practical guidance for professionals

Gary Neal, head of fire, Skanska UK, will give the JCT Povey Lecture webinar 2022, with a presentation entitled, “Building Safety Act – Practical Steps for Compliance in Construction” on Thursday, 10th November 2022. The Building Safety Act and its impact on both projects and construction contracts will be under consideration, with Gary Neal providing practical guidance on the impact of the legislation on construction projects and the best approach required for practitioners to achieve compliance. The presentation will be essential viewing for construction professionals…

Building Safety Act Focus for JCT Povey Webinar

The Building Safety Act and its implications for both projects and construction contracts will be under consideration for the JCT Povey Webinar 2022. Gary Neal, head of fire, Skanska UK will be delivering a presentation covering the key aspects of the Building Safety Act, focusing in particular on the practical implications of the legislation on construction projects. Following the main presentation, Gary will join a panel for further discussion and audience questions, led by JCT chair, Karen Kirkham and featuring Amanda Long, chief executive, Considerate…

“Whilst cost will never die, value will become king” – Keith Waller gives the JCT Povey Lecture 2021

Value, as a driver to achieving transformation in the construction industry, and in particular considering value beyond the capital phase of construction and infrastructure projects, was the message from Keith Waller, programme director of the Construction Innovation Hub (CIH), in delivering the JCT Povey Lecture on Thursday, 25 November 2021. Value is one of the core themes of the CIH’s transformation programme, whose mission is to ‘create better outcomes for current and future generations by driving the adoption of manufacturing and digital approaches that improve…

JCT Povey Lecture 2021: “How can value based decisions drive construction’s transformation?”

  JCT Povey Lecture 2021 “How can value based decisions drive construction’s transformation?” Keith Waller, programme director, Construction Innovation Hub About the Povey Lecture The JCT Povey Lecture is an annual event at which an eminent person is invited to give their thoughts on significant matters that are relevant to the construction and property industry. The purpose of the lecture is to stimulate thought and encourage ways of continuing to improve the quality and value of construction output. The event was inaugurated in 2003 to…