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NEC4 – embracing ADR?

Russell Banfi of Clyde & Co analyses some little reported features of the new NEC4 suite of contracts relating to dispute resolution and avoidance in our latest alternative dispute resolution series. Some new issues are raised, he argues.

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Congestion, capacity, carbon and the interim National Infrastructure Assessment

On 5 October 2015, the then-Chancellor George Osborne announced the creation of a National Infrastructure Commission (NIC) to provide an unbiased analysis of the UK’s long-term infrastructure needs.

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New and proposed legislation: State of play table 225

This table, prepared by Clyde & Co, 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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Legal terms explained: Summary judgment

Summary judgment is a procedure by which civil courts in England and Wales can make a determination on a claim or a specific issue without a full trial.

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Courts take hard line on fitness for purpose obligations

Guest editor Ben Goffin of DLA Piper LLP says onerous obligations are placed on contractors involved in offshore wind and solar power projects, and warns that they can be easily overlooked within a mass of technical requirement documents. A recent case provides a salutary warning.

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Reports from the courts: November 2017

Our regular round up of court decisions of most interest to construction comes from Andrew Croft and Simii Sivapalan of Beale & Company LLP who focus on the first judgment concerning building information modelling; and an overturning of an adjudicator’s decision that shows the courts are reluctant to hold terms in a contract void for uncertainty.

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Warning over public liability

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his scrutiny of JCT’s Repair and Maintenance Contract (Commercial) 2016, drawing attention to the changes from the previous edition (RM11).

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Construction Law Guide to Procurement

Peter Lowe of DLA Piper continues our Construction Law Guides series with a summary of the advantages and disadvantages of the main procurement routes used in the UK.

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Time to amend the Construction Act

Barrister Marion Rich, Director of Legal and Contractual Affairs at the British Constructional Steelwork Association, says it is time to amend the Construction Act to remove its exclusions. At least one of them is unnecessary and discriminatory, she argues.

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Contradictory design duties

The inherent conflict between design standards and performance obligations has been highlighted in a recent Supreme Court judgment. Michael Sergeant of HFW considers the relevance of the long-running Højgaard v E.ON dispute and its relevance in interpreting contracts with conflicting design requirements.

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