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Contractors’ design obligations

Jennifer Jones of Atkin Chambers examines a recent case affecting contractors’ design obligations that highlights tension between implied obligations and the conventional approach which looks purely at express design obligations contained within the contract.

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Digital delivery – the legal implications

Digitising construction will demand a joined up legal, commercial and technical approach, say Andrew Croft and Adam Ifield of Beale & Company Solicitors LLP in this overview of the legal implications of new, digital ways of working. Responsibilities and roles are likely to change quickly, they warn.

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Anti-oral variation clauses

Vijay Bange of Trowers & Hamlins analyses the issues in a non-construction case that has implications for anti-oral variation clauses in construction contracts. There are practical benefits to be had from including these clauses in contracts, he concludes.

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Watch the finger on trigger points

Insurance expert John D Wright of JD Risk Associates examines the proximate cause principle as it applies to construction industry policies. Precise wordings in policies can be important, he cautions.

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Claiming costs in adjudication

Our latest alternative dispute resolution series article from Rupert Coldwell of Clyde & Co LLP reports on a case with key implications relating to payment of interest and costs in adjudication. The decision confirms that an adjudicator’s jurisdiction will extend to the award of any relief which is consequential upon or incidental to the adjudication.

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Contracts can support BIM

Our Guest Editor Professor David Mosey, Director of the Centre of Construction Law and Dispute Resolution at King’s College London, reviews the legal issues surrounding Building Information Modelling (BIM). Recent research points the way towards contracts and procurement that can help achieve BIM Level 3 ambitions, he argues.

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Legal terms explained: Good faith

The concept of good faith is a cornerstone of many civil law jurisdictions and is gaining traction in common law jurisdictions such as Australia and Canada. In England and Wales, good faith is still a developing area of law.

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State of Play Table 213

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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Planning for nationally significant infrastructure projects

On 12 July 2016, the House of Commons’ Library published a briefing paper on planning for nationally significant infrastructure projects (NSIPs).

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Reports from the courts: October 2016

Our latest round up of the court cases of most interest to construction from Andrew Croft and Natalie Ledger of Beale & Company Solicitors LLP focuses on a decision highlighting that the natural meaning of the words used will be the primary consideration in the interpretation of construction contracts by the courts; and another underlining the importance of agreeing and documenting variations.

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