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Taking the measured mile

Mathias Cheung, barrister at Atkin Chambers, analyses the new edition of the SCL Delay and Disruption Protocol which is gaining wide acceptance. Guidance on concurrent delay might not be consistent with the TCC’s approach, he cautions.

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The co-insurance conundrum

Marie-Therese Groarke of Withers examines a Supreme Court case that might lead to changes in insurance market practice and construction contracts regarding co-insurance. A key conclusion is that express language in contracts is preferable to being silent on key issues such as liability.

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The Insurance Act 2015 – better for policyholders?

Insurance expert John D Wright of JD Risk Associates reviews the impact so far of the 2015 Insurance Act, which has placed new burdens on brokers. The Act will influence specific claim situations in ways that are not yet fully clear, he warns.

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Getting to know your own contract

In our latest alternative dispute resolution series article Tim Axtmann of Clyde & Co warns adjudicators that their agreements may upset their rights under late payments legislation.

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Government building safety programme

The government established a building safety programme (BSP) in the wake of the Grenfell Tower tragedy, with the aim of ensuring that high rise residential buildings are safe.

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New and proposed legislation: State of play table 224

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: Predictive coding

Predictive coding is a software tool that may be used to prioritise the review of documents for disclosure exercises by likelihood of relevance.

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The dearest things in life might be free!

Guest editor Nicholas Maciolek of Atkin Chambers says that a recent court decision that attracted comment on duty of care issues missed the point. The case was more interesting because of what it says about the scope of a professional’s duty in negligence, he argues.

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Reports from the courts

In our regular round up of the court decisions of most significance to construction Andrew Croft and Simii Sivapalan of Beale & Company Solicitors LLP examine a case concerning exemption clauses that went to the appeal court; and another highlighting that contractors need to act quickly to submit extension of time claims.

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Legislation leads to contract complexity

Contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his scrutiny of the JCT Repair and Maintenance Contract, focussing on its tendering aspects. Legislative changes mean the contract is more complex than before, with no fewer than 27 terms needing definitions compared to ten previously.

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