Magazine

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The market will decide on collaboration

Guest editors James Doe and Nicholas Downing of Herbert Smith Freehills LLP compare the approaches to collaboration of new contracts from NEC and FIDIC. Could the FIDIC drafters have been bolder, they ask.

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Reports from the courts – March 2018

Our review of the most important court cases for construction comes from Andrew Croft and Simii Sivapalan of Beale & Company Solicitors LLP, focussing on a Court of Session ruling highlighting that contractual rights of set-off may be used as a defence in respect of any additional assessment for payment under a payment certificate, even in the absence of pay less notices; and one showing how the drafting of the guarantee as a whole will be key in determining the differences between a guarantee and on demand bond.

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Carillion puts spotlight on tendering

Contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his examination of the new JCT Tendering Practice Note. The Carillion collapse will bring the tendering process under fresh scrutiny, he predicts.

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Construction Law Guide to: Design liability

This instalment of the CL guide series by Ross Galbraith of DLA Piper looks at design liability of both contractors and consultants.

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Light at the end of the highways tunnel?

Highways England has suffered some well-known procurement related growing pains since being formed in 2015. But Will Buckby and Andrew Croft of Beale & Company Solicitors LLP see sound reasons to be cheerful for the future of UK roads procurement.

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Managing modern slavery risks in supply chains

The UK is leading the fight against slavery offences with the Modern Slavery Act 2015, says David Hansom of Clyde & Co, who examines the practical strategies for contractors to consider.

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Third party rights in Scotland – all change?

A new third party rights Act came into force in Scotland in February. Kirsty Olson of Dentons asks whether it spells the end for collateral warranties, and can third parties adjudicate?

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Smash and grab here to stay?

Smash and grab adjudications are here to stay, argue Vijay Bange and Oliver Wiliams of Trowers & Hamlins LLP in this review of case law relating to a legitimate strategy purposely sanctioned by the Construction Act.

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Third party insurance for contractors

Insurance expert John D Wright of JD Risk Associates explains what cover is available for liability towards third parties which, although not legally demanded, is essential.

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Short term Brexit boost for arbitration?

Our latest alternative dispute resolution series article comes from Iain Boyle of Clyde & Co who sees a threat from Brexit to the UK’s favoured jurisdiction status for arbitration after a possible short term spike in demand.

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