Editor’s comment
Supreme Court judgment likely to lead to more judicial reviews
Editor Nick Barrett warns that a Supreme Court judgment is likely to see an increase in the already growing number of judicial review challenges to infrastructure projects. Planners could respond with knee-jerk rejections of some applications, it is feared.
News
Our regular news round up includes a landmark Supreme Court judgment that will affect many major infrastructure projects; transparency concerns over the burgeoning use of framework agreements; and a council victory in a judicial review involving a private finance initiative roads project.
Legal terms explained
Isabella Salame of Herbert Smith Freehills LLP examines what is meant by unforeseen ground conditions.
Guest editor
How should lawyers articulate the odds of success?
Guest Editor Paul-Raphael Shehadeh of Duane Morris draws on the work of a CIA analyst to examine how sure lawyers might be when they advise clients of the chances of success in legal actions. They could be likely to be right probably some of the time!
Legislation state of play table
Our regular update on the progress of regulations and legislation affecting construction and procurement compiled by Alignment Media.
Reports from the courts
Our latest Reports from the Courts on the cases of most interest to construction comes from Andrew Croft, Ben Spannuth and Daniela Miklova of Beale & Company Solicitors LLP who find in one an important reminder to parties settling litigation by way of Tomlin orders to ensure that the provisions are carefully drafted to prevent future claims arising in connection with the same contract or the dispute; and another that is the first decision to consider a Remediation Order (RO) application where a Grant Funding Agreement and contract for remediation works exists.
Analysis
General election promises focus on infrastructure – but will they be delivered on?
The Main Party Manifestos and what they say about Construction. Stephanie Geesink, Counsel, and Dom Turner-Harriss of Watson Farley & Williams LLP inspect the general election manifesto promises of the main parties, who all have a focus on infrastructure and planning reform. To what extent will these pledges translate into policies, they ask.
CL guides
Alliance Contracting
Our latest Construction Guides series article comes from Rachel Chaplin of DLA Piper LLP who explains the increasingly popular Alliancing approach to contracting
Contracts
New or simply tweaked? A brief review of the JCT 2024 edition
Donald Warnock and Rae Ahmed of Norton Rose Fulbright LLP examine the recent updates to the Joint Contracts Tribunal Design & Build contract. Fitness for purpose obligations have been expressly excluded, which will be welcomed by contractors, they suggest.
Limitation
The limits of limitation of liability clauses
Barristers Chris Bryden and Georgia Whiting of 4 King’s Bench Walk review recent case law affecting the use and limits of limitation clauses, which reaffirms that the courts are likely to take a strict approach to the construction of an exclusion or limitation clause, particularly where the right in question is a valuable one.
Drafting
Current drafting trends in construction law
Jamie Bell of Watson Farley & Williams LLP examines some current trends in the drafting of construction contracts against a background of changing regulations and rising insolvencies.
Alliancing
Alliancing to solve the enigma of antagonism in public procurement
In the second of her two part series on collaboration in the Italian public sector, Professor Sara Valaguzza of the University of Milan describes how collaborative procurement is growing in Italy, as knowledge of the benefits of alliancing spreads.
Insurance
Building Defects – choosing the right insurance
Building defect claims are a constant source of litigation, which the insurance market has a range of products to provide cover for. Our insurance expert John D Wright explains how choosing the right type of insurance is crucial.
Alternative dispute resolution
Mediation’s star continues to rise
In our latest alternative dispute resolution series article Tracey Summerell of Dentons UK and Middle East LLP reports that mediation is increasingly being used in dispute resolution thanks partly to judicial support.