Editor’s comment
HS2 – will we see its like again?
Editor Nick Barrett asks whether after all the analyses and reports about what went wrong with HS2 there is any real guarantee that it can’t happen again?
News
Our news round up this month focusses on claims that the proposed late payments legislation will be diluted; on a Lead Environmental Regulator being agreed for a port development; and on planning reform proposals.
Legal terms explained
Matthew Procter of Herbert Smith Freehills Kramer LLP explains Float in construction contracts.
Guest editor
Grid connections: why developers should choose their IDNO
Guest Editor Suzanna Lashford of Vattenfall IDNO, urges developers to choose and engage directly with their Independent Distribution Network Operator IDNO rather than leave it all to the contractor. Informed choices can unlock significant savings, transparency and project certainty, she argues.
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 series article comes from Andrew Croft, BenSpannuth and Daniela Parfitt of Beale & Company Solicitors LLP, including a judgment that should encourage adjudication parties to ensure their submissions are drafted narrowly to avoid being bound by unexpected decisions; and another providing a useful reminder that regulatory compliance is not a standalone defence to nuisance claims.
Analysis
Design Liability in Flux
Contracts and claims specialist Uditha Tharanga examines design flexibility when liability is unclear. Strategies to proactively manage design risks include fostering collaborative culture and involving the contractor early.
CL guides
Construction Law Guide to Procurement
Our latest Construction Guide series article comes from Daniel Warren of DLA Piper UK LLP who explains the main features of some of the conventional procurement routes used in the UK.
Building Safety
Appeal Court confirms those responsible for building defects must bear remediation costs
Dev Desai and Michala Kucharikova of Watson Farley & Williams LLP examine a landmark appeal court ruling that confirms remediation contribution orders can cover remediation costs incurred before the Building Safety Act came into force in 2022.
KPIs
Why KPIs are a contracting authority’s friend
The growing importance of KPIs in public sector contracts gives suppliers more reputational skin in the game, say Rebecca Rees and Jade Divers of Trowers & Hamlins LLP as they reflect on a survey of procurement professionals and lawyers on the impact of Procurement Act promotion of their use.
Letters of intent
Letters of Intent and the Standard of Care
Joseph Wittenberg of Turner & Townsend Contract Services explains that consultants such as project managers have contractual as well as implied duties to clients under English law. This includes a duty to warn of the dangers of working with serial letters of intent.
Arbitration
Arbitration in Jamaica – A rising seat in the Caribbean
Vijay K Bange and Gordon Chan of Irwin Mitchell LLP argue that several Caribbean jurisdictions deserve credit for the success of efforts to become viable arbitral alternatives to the well known centres like London and Singapore. Jamaica in particular now offers a credible and efficient forum for resolving cross-border disputes.
Insurance
Insuring the Contract Works
Insurance expert John D Wright of JD Risk Associates explains that so-called ‘all risks’ Contract Works insurance doesn’t in fact insure all risks. And special treatment might be needed for covering the increasingly popular refurbishments or extensions of existing property, he warns.
Alternative dispute resolution
Which litigation-related tasks can non-qualified persons do?
In our latest ADR series article Tracey Summerell and Akil Jackson of Dentons UK and Middle East LLP explain the rules regarding the extent to which trainees and paralegals can have litigation related tasks delegated to them.