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Paper on planning for NSIPs

On 13 June 2017, the House of Commons Library published a briefing paper on Planning for Nationally Significant Infrastructure Projects (NSIPs). NSIPs are large scale developments (relating to energy, transport, water, or waste) which require ‘development consent’ under the Planning Act 2008, as amended by the Localism Act 2011.

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New and proposed legislation: State of play table 222

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: Estoppel

Simply put, estoppel is usually invoked as a defence in contractual disputes to prevent a party from denying the truth of a state of affairs which it has through its conduct encouraged or induced another party to believe.

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Judges backing off common sense approach?

Guest editor Vijay Bange of Trowers & Hamlins LLP reviews the courts’ attitude to interpreting contracts. The commercial common sense versus literal interpretation of words used conflict is unresolved, he says.

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Construction Law Guide to: Adjudication

Michael Tomlinson of DLA Piper presents the latest in our Construction Law guides series, explaining how the adjudication regime works. A useful checklist is provided to help steer through what can be a tricky course.

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Reports from the courts

Our regular review of cases of most importance to construction comes from Andrew Croft and Simii Sivapalan of Beale & Company Solicitors LLP, including one highlighting the potential dangers of giving ad hoc and free advice as a business development initiative; and another showing how a widely drafted limit of liability clause may still be reasonable and therefore enforceable under unfair contract terms legislation.

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Digitising benefits not fully realised

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his scrutiny of the JCT Minor Works Building Contract. Some 35 years since JCT Forms were first digitised, full advantage has not yet been taken of the wide range of searches which digitising permits, he says.

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The legal challenges of Brexit for construction projects

Brexit poses particular challenges for those drafting and negotiating contracts for construction projects in the UK, explain Peter Kitson and Mark Fletcher of Russell-Cooke LLP in this overview of the risks.

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Adjudicator not bound to accept answers

Stephen Radcliffe of Walker Morris LLP reviews a recent case dealing with jurisdiction and natural justice arguments, in which the court also commented on serial adjudications, severance of decisions, and the use of ‘catch all’ provisions in notices of adjudication and referral notices.

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PSA 2017: striking the right balance?

Jennifer Badham of Withers LLP looks at the new ACE Professional Services Agreement from an employer’s perspective. The new version doesn’t go far enough to strike a balance between the interests of consultants and their clients and funders, she concludes.

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