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JCT Design and Build 24: Ground condition risk allocation

Michael Allan of Pinsent Masons LLP examines the JCT Design and Build contract treatment of ground conditions risk. Additional provisions and reliefs have been introduced in the 2024 revision to deal with asbestos, contamination and unexploded ordnance.

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Fail to prepare, prepare to fail – mitigating the risk of contractor insolvency

Andrea Leigh of Trowers & Hamlins LLP looks at what can be done to protect against the worst impacts of contractor insolvency. Project Bank Accounts and alliancing contracts are key measures that offer protection to the supply chain.

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Adjudication and collateral warranties

Doug Wass of Macfarlanes looks at the recent Supreme Court decision on whether collateral warranties are to be seen as construction contracts under the Construction Act. The decision brings certainty to what was a confused picture.

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Adjudication enforcement: let’s set-off again!

Karen Gough of 39 Essex Chambers warns that set-off is very unlikely to succeed as a defence to adjudication enforcement proceedings. Recent court decisions show that applications that undermine the prompt payment obligation in the Construction Act may be technically permissible, but will not succeed.

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The claims process

Insurance expert John D Wright of JD Risk Associates explains the process of making a claim under an insurance policy- a potential minefield for the unwary he warns, as there are many reasons why a claim may not be paid in full, or at all.

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Renewable energy disputes – new energy, old disputes

Akil Jackson of Dentons UK and Middle East LLP considers alternative dispute resolution (ADR) in the context of renewable energy contracts, asking what approach is being taken and whether there a preference for a particular type of ADR.

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Legislation state of play table 294

This table, prepared by Alignment Media, 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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Legal Terms Explained – Building liability orders

Building Liability Orders (BLOs) were introduced by s.130 Building Safety Act 2022 (BSA 2022) to address the difficulties that claimants have historically faced in bringing claims in respect of building safety defects where, as is common in the construction industry, the relevant works were undertaken by a special purpose vehicle or project-specific entity that was wound up following completion.

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Leadership council says standard forms should be unamended

The Construction Leadership Council (CLC) has spoken out against the common practice of standard contract forms being amended by clients and solicitors to introduce onerous or hard to insure contract terms.

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News in Brief: November 2024

Social value can fuel ‘purpose’ to transform infrastructure delivery, says a report from Jacobs and the Major Projects Association.

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