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Legal implications for BIM Level 3

A fundamental rethink about contractual arrangements will be needed to realise the government’s ambitions for Digital Build Britain, says Shona Frame of CMS. BIM Level 3 will throw up new challenges that will need to be met with appropriate contractual solutions.

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Payment schedules – simple or stitch-up?

Contractors were stunned by a recent court decision that seems to undermine the use of payment schedules as a means of simplifying complicated payment regimes. Vijay Bange of Trowers & Hamlins explains the background and predicts repercussions.

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Setting up shop in Qatar

Football’s World Cup will be held in Qatar in 2022, creating even more opportunities for construction companies from the UK. Andrew Jones of Dentons reviews the legal hurdles to be overcome.

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Subrogation rights – simple in theory, complex in practice

Insurance expert John D Wright of JD Risk Associates examines the case law relating to how subrogation impacts on claims under policies. Subrogation rights can be lost because of contractual terms, he warns.

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Brexit brings unwelcome uncertainty

Our latest alternative dispute resolution series article by Russell Banfi and Tim Axtmann of Clyde & Co warn that uncertainties surrounding Brexit may contribute to damaging London’s status as an arbitration centre.

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Framework Alliance Contract adopted for housing

East Midlands based housing association Futures Housing Group (FHG) has adopted the new Framework Alliance Contract (FAC-1) (CL Vol 27 No 7), hailing it as a groundbreaking procurement initiative making it easier for small businesses to access larger contracts.

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Legal terms explained: Proceeding regularly and diligently

Many contracts oblige building contractors ‘to proceed regularly and diligently’ with their works (this wording appears in the principal standard forms of the JCT contract). However, termination for breach of this obligation is risky given the lack of an easily applicable interpretation of this phrase

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Hudson reflects evolving construction law

Guest editor Robert Clay of Atkin Chambers, one of the authors of the recently published 13th edition of Hudson on Building and Engineering Contracts, explains the changes behind the need for a new edition. There may be a need for a separate PFI section after disputes arising from these contracts reach the courts, he says.

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Reports from the courts: August 2016

In our latest court reports analyses Andrew Croft and Simii Sivapalan of Beale & Company Solicitors LLP focus on a ruling concerning whether NEC3 Option W2 is consistent with the Construction Act; and another that highlights the importance of clear and Act compliant payment notice periods.

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Provisions create problems

Contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his scrutiny of RIBA’s Concise Building Contract and finds a raft of potential problems. More definitions would help.

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