Magazine

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Offers to settle might not be a safe bet

Ann Levin and Rebecca Scanlon of Herbert Smith Freehills analyse the impact of changes made to the Civil Procedure Rules last year which mean the courts will consider whether Pt 36 offers are genuine attempts to settle.

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New utilities and concessions regulations to increase clarity

The Utilities Contracts Regulations 2016 and the Concession Contracts Regulations 2016 came into force on 18 April 2016. Stuart Cairns of Pinsent Masons examines the key changes brought in by their introduction.  

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Interim payments – a stricter approach?

The payment regime under the Construction Act has come under the spotlight recently with several important cases having come before the courts. Shona Frame and Greg Sibbald of CMS explain the strict approach being adopted.

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Smoothing the way for settlement

Insurance expert John D Wright of JD Risk Associates examines some issues that can arise when a claim is made under a policy. Prompt notification of claims is crucial, but over-notifying can cause problems, he warns.

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Can an adjudicator consider more than one dispute?

In our latest alternative dispute resolution series article Christopher Leadbetter of Clyde & Co reports on a ruling on whether an adjudicator can hear more than one dispute at a time.

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Legal terms explained: Endeavour clauses

A contractual obligation on a party to ‘endeavour’ to achieve a particular outcome can be hotly contested, due to the fact that the time, effort and expense that a party can be required to expend can vary dramatically according to the terminology used. Such obligations often lack defined parameters, giving the courts plenty to consider in recent years.

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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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