Construction Law August/September 2017

Editor’s comment
New risk assessment attitude rings changes
Construction has responded positively to calls for a cross-industry response to the Grenfell Tower disaster. Editor Nick Barrett also sees growing support for calls to reintroduce a clerk of works type function as new attitudes to risk management take hold.

News
Our news round up focusses on new guidance from the TCC on public procurement related cases; new consultation on corporate manslaughter sentencing; and the rising level of health and safety fines.

Legal terms explained
Olivia Liang and Michael Mendelblat of Herbert Smith Freehills LLP explain what is meant by estoppel.

Guest editor
Consequential losses and exclusion clauses
Guest editor Jane Fender-Allison of CMS examines a change in the wind around consequential losses and exclusion clauses. She argues that a number of recent cases have opened the door to a more straightforward and commercial approach.

Legislation state of play table
Clyde & Co provide our regular round up of the progress of legislation as it makes its way through the UK and EC legislative systems. Alexander Ghandi and Emily Morris discuss the briefing paper on Planning for Nationally Significant Infrastructure Projects.

Reports from the courts
Our regular round up court cases of most interest to construction from Andrew Croft and Nadir Hasan of Beale & Company LLP includes a decision in which the slip rule proved crucial; and one where the court supported the view that an insured’s policy is not disclosable.

Contracts monitor
New contract gets on the case
Our contracts monitor Michael Phipps, Principal of Thurston Consultants, casts his eye over the JCT Repair and Maintenance Contract (Commercial) 2016. The contract warns that specialist insurance advice should be sought.

CL guides
CL Guide to: Price and payment
Clare Rushton reviews the main ways in which price and payment are dealt with in construction contracts in the latest of our Guides from DLA Piper.

Contracts
NEC4: A collaborative challenge to project management
Former NEC drafting panel adviser Tony Backler and Stephen Woodward of Resolex examine the newly launched NEC4 which aims to help bring construction procurement into the 21st Century. Alliancing and risk management are key themes of the new contract.

Legislation
Health and safety – the need to go above and beyond
High fines and prison sentences for health and safety breaches are becoming more common. Helen Bowdren and Gurbinder Grewal of Dentons consider the new challenges facing construction.

Arbitration
Has the sun set on South Africa’s arbitration ambitions?
Kemi Adekoya and Michael Mendelblat of Herbert Smith Freehills LLP look at the new Arbitration Bill recently introduced to the South African Parliament that will apply to international arbitrations, which should increase its appeal as an arbitration venue.

Payments
Getting your own back
Louis Zvesper of Hardwicke analyses a recent case that highlights the risk of over-payments not being returned to the out of pocket by the courts, and highlights some of the situations in which this can happen.

Insurance
Correct claims are crucial
Insurance expert John D Wright of JD Risk Associates warns that correct procedure must be followed in making claims under insurance policies – but many claimants fail to even notify their insurer that a claim has arisen.

Alternative dispute resolution
Don’t slip on the ‘slip rule’
Our latest alternative dispute resolution series article, from Jamie Calvy of Clyde & Co LLP, urges caution when using the slip rule if an adjudicator’s decision is to be challenged.

Chairman given terms of reference for Grenfell inquiry

Adequacy of building regulations and the actions of the Royal Borough of Kensington and Chelsea are to be examined as part of the public inquiry into the Grenfell Tower fire, it has been announced.

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Construction director jailed for £350,000 tax fraud

An accountant and construction boss who admitted to tax fraud after pocketing the VAT he charged his clients has been jailed.

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NEC4 signals new era of collaboration

The latest issue of Construction Law – Vol 28 No 7 – arrives on subscribers’ desks this week, with highlights including analysis of the new NEC4 contract from former NEC Drafting Panel adviser Tony Blackler and Stephen Woodward of Resolex.

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Crossrail contractor penalised over worker death

Fines totalling more than £1M have been handed to Crossrail tunnelling contractor Bam Ferrovial Kier (BFK) after safety failings on the project led to a series of incidents including the death of a worker.

To read more of this and every other news story on this site, please log in with your Construction Law membership account details. If you don't have an account, you can get free access to the news on this site and receive a free newsletter on Fridays by creating a Newsletter account. See the panel to the left.

Subscribers to the printed magazine get access to the entire Construction law website.

Consequential losses and exclusion clauses

Guest editor Jane Fender-Allison of CMS examines a change in the wind around consequential losses and exclusion clauses. She argues that a number of recent cases have opened the door to a more straightforward and commercial approach.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

Reports from the courts: August/September 2017

Our regular round up court cases of most interest to construction from Andrew Croft and Nadir Hasan of Beale & Company LLP includes a decision in which the slip rule proved crucial; and one where the court supported the view that an insured’s policy is not disclosable.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

New contract gets on the case

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, casts his eye over the JCT Repair and Maintenance Contract (Commercial) 2016. The contract warns that specialist insurance advice should be sought.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

Construction Law Guide to Price and payment

Clare Rushton reviews the main ways in which price and payment are dealt with in construction contracts in the latest of our Guides from DLA Piper.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.