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Recovery of costs in adjudication – a missed opportunity?

Vijay Bange of Trowers & Hamlyns LLP reports on a court ruling that represents a conceptual shift from the previous established position for costs recovery under the Construction Act. An authoritative statement on the applicability of the Act to the recovery of a party’s costs in recovering a debt in adjudication is now needed.

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Paying for your mistakes

Recent court rulings have highlighted the dangers of failing to issue pay less notices. Jennifer Badham of Withers reports on a case that provides at least some relief for paying parties who fail to issue notices on time at final account stage.

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Slow procurement might hinder new market

Cecily Davis and Zina Leseanu of Fieldfisher say the government’s new industrial strategy, which places construction at the heart of plans to reinvent the UK, will mean a new dawn for district heating projects. Here, they consider some of the procurement challenges that will arise.

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Damage to the works – loss of revenue

Insurance expert John D Wright of JD Risk Associates explains issues surrounding consequential losses, which contract works policies will specifically exclude.

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Promoting conflict avoidance

An industry wide clamour for collaborative working and conflict avoidance procedures is starting to be reflected in contracts, says Chris Kerr of Clyde & Co in our latest alternative dispute resolution series article.

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New and proposed legislation: State of play table 217

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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New government procurement guidance

On 13 December 2016 the government published Procurement Policy Note 11/16 (PPN) updating its procurement guidance on the use of steel in infrastructure projects.

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Legal terms explained: Concurrent delay

Concurrent delay arises when there are two (or more) events causing critical delay both of which are of approximately equal causative potency.

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Reassessing adjudication

Guest editor Stephen Woodward of project consultancy ResoLex says compulsory adjudication is adversarial and pulling against the industry drive towards collaborative ways of working. The time is ripe for the culture change needed to foster collaboration, leaving adjudication as a true last resort.

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Reports from the courts: February 2017

Our regular round up of court decisions of most interest to construction comes from Andrew Croft and Simii Sivapalan of Beale & Company Solicitors LLP focuses on two disputes over oral contracts; one with major implications for ‘smash and grab’ adjudications; and the other highlighting the importance of agreeing costs and the basis of their calculation at the start of any construction contract.

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