Magazine

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Grenfell Inquiry Report – where does it leave building safety liability?

Chris Leadbetter of Clyde & Co examines the impact of the Building Safety Act, which has placed new burdens on construction and its insurers. Consensus is growing that Government has to step up and acknowledge its share of liability and responsibility for the failings that led to the Grenfell tragedy, he says.

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All contracts that glitter are not gold

Elle Cheung and Jane Hughes of Trowers & Hamlins LLP examine the JCT Design and Build Contract 2024, looking particularly at an amendment which promotes the previous Supplemental Provision 5 to Article 3, thereby making it mandatory. Is it a ‘fluffy’ obligation, lacking teeth?

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Innovation in construction – when am I liable and for how much?

Hsu Mei O’Neill of Watson Farley & Williams LLP discusses the impact of innovative technology and materials on construction as the industry strives to improve efficiency and its sustainability performance. New technology brings new risks, she warns.

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Contractors’ and Consultants’ Environmental Liability

Insurance expert John D Wright examines environmental liability cover available for contractors and consultants. Pollution incidents are not covered by standard policies but environmental impairment cover is increasingly in demand.

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Challenging times

Our regular alternative dispute resolution article comes from Kirsti Olson and Alex Wendelken-Dickson of Dentons UK and Middle East LLP who look at court attitudes to poorly founded challenges to adjudication decisions.

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Legal terms explained: Uniform rules for demand guarantees

The Uniform Rules for Demand Guarantees (URDG) are a codified set of contractual rules published by the International Chamber of Commerce (ICC) which govern demand guarantees and counter-guarantees.

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Emergency Arbitration: How can this international concept be applied to UK construction?

Guest Editor Mike Waring of Knights suggests proposed new emergency arbitration procedures could help the UK maintain its reputation as a leading arbitration jurisdiction. Although such procedures are regarded as crucial internationally, they are not covered by the Arbitration Act 1996.

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Reports from the courts: November 2024

Our regular round up of the court decisions of most interest to construction comes from Andrew Croft, Ben Spannuth and Daniela Miklova of Beale & Company Solicitors LLP who examine a judgment supporting the Scottish law position that an adjudicator’s decision as to liability for their fees cannot be challenged, even if the adjudicator’s decision is later reversed; and another that serves as a reminder that parties are under a duty to mitigate their losses, so only reasonable costs should be incurred owing to another party’s alleged breach, and parties must be able to evidence that such costs have been reasonably incurred.

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Reports highlight causes of disputes and cost failures

Our latest Analysis series article looks at two recent reports that highlight causes of disputes and management failures on projects. Causes are reasonably easy to pinpoint; solutions remain elusive.

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Construction Law Guide to: EPC Contracts

The latest in our CL Guides series comes from Joanne Bennett and Daniel Warren of DLA Piper UK LLP who look at what EPC contracts involve.

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