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Adjudicating a final account

Our latest alternative dispute resolution series article from Chris Leadbetter of Clyde & Co examines an important court ruling affecting adjudication.

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State of play table 215

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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National Infrastructure Commission to become an Executive Agency

It was announced in the Queen’s Speech on 18 May 2016, that legislation would be introduced to place the National Infrastructure Commission (NIC) on a permanent and independent footing and with the drafting of the Neighbourhood Planning and Infrastructure Bill it appeared that this would come to fruition. However, the Bill that was eventually introduced to Parliament was the Neighbourhood Planning Bill, with no mention of the NIC, which led to concerns over the future power, independence and permanency of the NIC.

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Legal terms explained: Betterment

In instances where something new is sought to replace something old, which has suffered damage, betterment is often claimed. Betterment, being the increase in value of a property or object as a result of an action, should, it is argued, be deducted from the overall claim. This takes account of the fact that the claimant has essentially received something new for old. The evidential burden of establishing betterment is on the defendant.

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State of play table 214

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.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

The Construction Supply Chain Payment Charter

The Construction Leadership Council (CLC) has relaunched its Construction Supply Chain Payment Charter (CSCPC). The Charter was first launched in 2014 and contains 11 non-binding commitments to which companies, operating within the construction industry, can attest.

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Reports from the courts

Our regular reports of the court cases of most interest to construction from Andrew Croft and Simii Sivapalan of Beale & Company Solicitors LLP focuses on a decision highlighting that reservations about an expert’s jurisdiction must be raised at the outset of any dispute; and another highlighting that exclusions to agreements for extensions of time should be expressly set out.

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Definitions list needed

Contracts monitor Michael Phipps, Principal of Thurston Consultants, highlights inconsistent use of terminology in RIBA’s Concise Building Contract 2014. Time may be wasted checking for this, he warns.

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Beware Brexit unknown unknowns

Ed Freeman of Clyde & Co looks at the implications of Brexit for construction law, of which several are important for the industry’s contracts. Amid the current uncertainty parties need to ask who will shoulder the risk of the unknown unknowns?

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‘Smash and grab’ adjudications

David Arnott and Christopher Duff of Brodies LLP analyse the game-changing impact of Construction Act amendments on adjudication, detailing the options available to paying parties on the losing side of ‘smash and grab’ actions.

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