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Contractor vs. Designer: Unravelling Design Liability Differences

Joseph Wittenberg of Turner & Townsend Contract Services warns contractors to be wary of trying to reduce design liability through contract clause wording. The courts will find that a term warranting a specific performance will trump any conflicting clause seeking to reduce the contractor’s design liability to reasonable skill and care.

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Limiting construction’s environmental footprint using climate conscious drafting

Alexandra Holsgrove and Corinna Whittle of TLT explain how climate conscious drafting of contract clauses can contribute to the climate change battle. Contracts as well as technical documents can include specific climate obligations.

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Court ruling could impact on professional indemnity insurance in Northern Ireland

Catriona McCorry of DAC Beachcroft, a Member of the Forum of Insurance Lawyers’ Professional Indemnity Sector Focus Team, outlines the key changes to building safety legislation in Northern Ireland introduced by the Defective Premises Act (Northern Ireland) 2024. Its impact on construction is highlighted by the recent group action in the case of Ulster Garden Villages & Others v Farrans (Construction) Limited & Others.

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Indemnity limits – a qualified promise

Insurance expert John D Wright explains how variations on aggregation causes in policies give rise to problems that look like continuing to keep the courts busy. Every word and phrase will have to be interpreted by the Courts, applicable to the facts of each case, he warns.

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Design liability in construction

Cheryl Ferguson of Dentons UK and Middle East LLP examines a recent TCC decision. Given the technical complexity involved, construction disputes of this nature can benefit from ADR approaches, she suggests.

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Legal terms explained: Adjudication and Insolvency

Adjudication is a speedy interim dispute resolution mechanism commonly used in the UK construction industry, as well as in certain other common law jurisdictions.

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It’s tough to make predictions – especially about the future

Guest Editor Jane Hughes of Trowers & Hamlins LLP looks back at some predictions she made in Construction Law 20 years ago, and makes some new ones. One area that she made a prediction about tragically proved to be prescient, although not in quite the way expected.

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Legislation state of play table 298

This table, prepared by Alignment Media, provides a regularly amended guide to new and proposed legislation that will affect the construction industry. In addition to EU Directives and UK legislation, the table includes notes highlighting discussion papers issued by both government and non-government organisations, and commentary on the latest developments.

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Reports from the courts

Our regular round up of the court cases of most interest to construction comes from Andrew Croft, Ben Spannuth and Daniela Miklova of Beale & Company Solicitors LLP who look at a decision underlining the importance of clear and unambiguous drafting of variation clauses; and one that highlights the difficulties that insurers will face where their policyholders become insolvent.

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Construction Law Guide to: NEC4 (Part 2)

This second article on the NEC4 Engineering and Construction Contract (‘ECC’), from Joanne Bennett of DLA Piper UK LLP, focusses on key aspects of core clauses 6 to 9, together with the dispute resolution options, secondary option clauses and Contract Data.

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