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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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Watch out for paper tiger

Contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his scrutiny of RIBA’s Concise Building Contract 2014. More careful wording could make it easier to use in places, he argues.

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Design information – a modest proposal

Marion Rich, Director of Legal and Contractual Affairs of the British Constructional Steelwork Association, sees a steady and rapidly growing stream of problems arising from design information shortcomings. Rather than pursuing new initiatives, the time is ripe to focus on making existing ones work, she argues.

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Fee and overhead under NEC3

Laura Tetlow of Pinsent Masons LLP looks at the perceived lack of understanding of what ‘fee percentages’ in NEC3 Engineering and Construction Contracts (NEC3 ECC) are intended to include, highlighting some common pricing conundrums.

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