Telephone: +44 (0)151 647 8862

    

 

Welcome to Kerrigans Construction Lawyers

Kerrigans is a mixed practice of lawyers and consultants specialising in all commercial and legal aspects of the construction industry.

We are proud of the high standard of the services we provide. All of our lawyers and consultants are technically and professionally qualified and will work with you from project conception to completion to ensure you avoid unnecessary problems and deal with those that arise swiftly and effectively. For a free initial consultation please call us on 0151 647 8862.

 

 

 

 

Meet the team

Kerrigans lawyers, consultants and staff bring a wealth of experience and expertise to the organisation. Click here for key personnel profiles.

Resources

Download details of our training courses, newsletters and links to Professional Bodies.

Events

Throughout the year, Kerrigans holds public seminars, free advice clinics and networking events across The UK and Ireland.

 

News & Events

Do liquidated damages apply following termination of a construction contract? Well, it depends… [May

Construction contracts often include a liquidated damages (“LD”) clause in which the parties agree the financial consequences of the contractor’s delay. Typically, those clauses require the contractor to pay a pre-determined amount (often calculated on a daily or weekly basis) to the employer in the event the contractor fails to achieve completion as required by the contract by the contractual completion date. In doing so, the employer does not have to demonstrate its actual loss (or indeed any loss) resulting from the delay and, instead, deducts LD calculated at the pre-determined rate. The benefit to the contractor of an LD provision is that he is able to quantify his liability in the event of delay.

“ADJUDCIATE LATER, PAY LATER” - ARE SMASH AND GRAB ADJUDCIATIONS STILL EFFECTIVE? [May 2019]

We previously considered the Court of Appeal’s decision in Grove Developments v S&T (our article “Grab the cash, adjudicate later”), in particular whether Sir Rupert Jackson’s obiter comments (as to the timing of an employer’s right to have the true valuation of an interim application for payment determined in an adjudication where it has failed to issue a valid payment and/or pay less notice) raised further questions; did the contractor have a jurisdictional challenge if the employer started an adjudication before paying the ‘notified sum’?

SAME OR SUBSTANTIALLY THE SAME: IT’S ALL ABOUT THE DETAIL [April 2019]

In February 2019, we wrote an article headed “Approbation and Reprobation in Adjudication - Another Jurisdictional Challenge Fails” in which we made the point that parties regularly challenge an adjudicator’s jurisdiction. Hitachi was no different in the case of Hitachi Zosen Inova AG v John Sisk & Son Limited

Approbation and Reprobation in Adjudication – Another Jurisdictional Challenge Fails [February 2019]

As a means to resist enforcement of an adjudicator’s decision, or otherwise frustrate the adjudication process, parties regularly challenge an adjudicator’s jurisdiction. The first challenge is often that the referring party has not followed the correct procedure in appointing the adjudicator. However, a party cannot “blow hot and cold” in asserting an adjudicator’s decision is valid for one purpose while also challenging its validity for another; a principle known as approbation and reprobation (“A/R”).

A cautionary tale on working under letters of intent [November 2018]

It is not uncommon for contractors to start work on the basis of a letter of intent and to postpone the agreement of contract terms to a later date. In some cases, despite terms going back-and-forth between the parties, a formal contract never materialises but the work continues nonetheless. This can prove to be a risky approach, as to which Arcadis v AMEC serves as a cautionary tale.

Hats off to the Kerrigans’ team

2015 has been a successful year for the Kerrigans’ team in gathering educational, legal and professional qualifications. In particular, Kerrigans would like to take this opportunity to congratulate:

Kerrigans - 25 years of legal excellence

On the evening of 2 October 2015, clients, fellow practitioners, friends and family came together with Kerrigans at a venue overlooking the Liverpool waterfront to celebrate its 25 years of service to the construction industry which Peter Kerrigan, the managing director of Kerrigans, described as “having gone in a heartbeat”.

Are You Ready for The Bribery Act?

In a change to the original programme, the last in our spring series of Breakfast Seminars covers the introduction of The Bribery Act which comes into force on 1st July 2011.

Good Practice for Contractors Tendering under NEC

In the third in our spring series of Breakfast Seminars, we will be focussing on the NEC family of contracts.

Enforcement Procedures Available to a Creditor

In the second in our series of Breakfast Seminars, we focus on ways of enforcing payment from your creditors