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National Infrastructure Commission concludes first phase of reporting

Following its inception in October last year, the National Infrastructure Commission has now reported in a number of key areas of infrastructure investment, as follows: (i) Smart Power; (ii) Transport for a World City; and (iii) High Speed North.

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State of play table 209

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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Reports from the courts: May 2016

Our regular round up of the court decisions of most interest to construction from Andrew Croft and Natalie Ledger of Beale & Company Solicitors LLP includes a case that highlights the importance of clearly allocating risk in a contract; and one where the parties failed to ensure that an  amendment was reflected throughout the contract.

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Logical pattern removes scope for lame excuses

Contracts monitor Michael Phipps, Principal of Thurston Consultants, turns to the insurance and payment clauses of RIBA’s Concise Building Contract 2014. Some prospects of withholding due payments using ‘lame’ excuses have been removed, he notes.

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Arbitrator receives apparent bias ruling

Doubts about the apparent impartiality of an arbitrator were at the centre of a recent action over his involvement in the process, as Vijay Bange of Trowers & Hamlins reports. Bias is not an issue to be raised lightly, the case demonstrates.

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Slavery a modern issue

Brett Hartley of Clyde & Co examines the new supply chain transparency reporting obligations under the UK’s Modern Slavery Act 2015. While targeting larger organisations, all tiers of suppliers operating in the construction sector are likely to feel the effects of the new reporting requirements.

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Don’t miss the planning risk express!

Julie Teal and Jennifer Badham of Withers analyse a recent case that shows the advantages of having express terms clearly allocating responsibility for obtaining planning consents rather than relying on implied terms. With planning permissions, it pays to plan ahead.

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Experts have lessons to learn

Recent case law in relation to the use and operation of expert witnesses is reviewed by Paul Newman of 3PB Barristers. Lessons need to be learned by experts themselves as well as the parties and legal counsel instructing them. 

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More pay less confusion

Amanda Burge of Hamlins reviews recent court decisions concerning the vexed issue of payments and pay less notices. More attention to contract administration will be needed until the courts sort out the difficulties this area of construction law has got into, she warns. 

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Completion not practically defined

Insurance expert John D Wright of JD Risk Associates explains the insurance perspective on difficulties associated with handover. Case law is inconclusive in several areas but careful definitions can save a lot of problems.

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