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Inherent defects insurance popularity growing

Inherent defects insurance has never been popular in the UK but, says insurance expert John D Wright of JD Risk Associates, the traditional view of it as just an onerous and unnecessary cost is changing.

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Mediation – an introduction

Our latest alternative dispute resolution article from Clyde & Co’s Christopher Leadbetter explains the benefits of mediation.

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New and proposed legislation: State of play table 218

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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Fixing the housing market

On 7 February 2017, the government published a White Paper entitled ‘Fixing our Broken Housing Market’. The ‘Housing Crisis’ is a pertinent political issue with both major parties taking the view that the housing market does not currently support the average individual. For example, in the South-East of England in 2015, while average house prices rose by £29,000, average income in the region was only £24,542. The White Paper therefore sets out a comprehensive reform package to increase housing supply and halt the decline in housing affordability.

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Legal terms explained: the prevention principle

‘The essence of the prevention principle is that the promisee cannot insist upon the performance of an obligation which he has prevented the promisor from performing’ (see Multiplex Constructions (UK) Ltd v Honeywell Control Systems Ltd (No 2) [2007] BLR 195).

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Construction costs: a call to action

Guest editor Paul Lowe of Weightmans LLP, a member of the Forum of Insurance Lawyers (FOIL), examines research that points the way towards reducing the errors that give rise to construction disputes. Losses from errors exceed the industry’s annual profits.  

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Reports from the courts: March 2017

In our regular round up of court decisions of most interest to construction comes from Andrew Croft and Simii Sivapalan of Beale & Company Solicitors LLP report on a shipbuilding dispute where the court gave a wide interpretation to an exclusion of ‘consequential loss’; and another confirming that an adjudication on a failure to issue notices in relation to an interim payment will not prevent a party commencing a second adjudication in relation to the value of the works.

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Wordy clauses need to be simplified

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, scrutinises the new JCT Minor Works Building Contract and welcomes some helpful changes. Some clauses remain longer than they need be, he argues.

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Construction Law Guide to NEC3

In the first instalment of a two part article, our latest CL Guide, from Corinne McCarthy of DLA Piper LLP, looks at the NEC Engineering and Construction Contract.

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Emergency arbitrators and expedited tribunals

The unavailability of emergency relief has often been cited in the past as a drawback of arbitration. James Doe and Robin Wood of Herbert Smith Freehills report that emergency provisions are now available and working well.

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