RICS and the Goldilocks principle

In our latest alternative dispute resolution series article David Owens of Clyde & Co examines the new, hopefully faster, arbitration service from the RICS.

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Non-monetary adjudication

In the latest article of our alternative dispute resolution series Christopher Leadbetter of Clyde & Co examines some of the limitations of adjudication in deciding non-monetary issues.

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The design risk – an insurance perspective

Insurance expert John D Wright of JD Risk Associates explains the insurance market view of design risk. Underwriters need a high degree of knowledge of construction law as well as construction technology.

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Too much? Not too late

Vijay Bange of Trowers & Hamlins says the significance of the Supreme Court’s first decision on adjudication will continue to evolve but it is already clearly a reminder of the temporary nature of adjudication, a recognition of its limitations, and a reassertion of the legal entitlement owed to the paying party.

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Contractor insolvency: be prepared

The key considerations when a project is disrupted due to a main contractor insolvency are considered by Dominic Lacey and Catherine Andrews of Eversheds, who recommend protective measures for employers to adopt.

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Good faith and construction contracts

Arguments about good faith duties are increasingly creeping into litigation. Barrister Robert Scrivener of 4 Pump Court takes a sceptical view of their relevance to construction.

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Effective limitations and exclusions

Julie Teal and Jennifer Badham of Withers warn about the pitfalls of attempting to limit liability by drafting exclusion and limitation clauses. Recent cases have revealed several occasions where clauses were found to be open to several interpretations.

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Penalties and liquidated damages law restated

James Shackleton of Eversheds examines one of the key court decisions of the year, when the Supreme Court revisited the law on penalties. Liquidated damages need no longer solely reflect genuine pre-estimates of loss, he reports.

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Scope for crafty contractors

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his scrutiny of the RIBA Concise Building Contract. Determining what documents are intended to be part of the contract could be a problem if any are added, he warns.

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Reports from the courts: December 2015

In our regular round up of the cases of most interest to construction Andrew Croft and Simii Sivapalan of Beale & Company report on a case showing the courts’ determination not to allow any advantage accruing for non-compliance with the Construction Act or the contract; and one showing how the Act will be applied to all contracts, including oral contracts.

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