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Adjudicator’s decision was not predetermined

In our latest alternative dispute resolution series article Russell Banfi of Clyde & Co examines a case that highlights why adjudicators need to be wary of challenges to decisions based on alleged breaches of natural justice.

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Reports from the courts – March 2016

Our regular round up of the key court decisions affecting construction comes from Andrew Croft and Simii Sivapalan of Beale & Company, including an appeal court decision relating to pay less notices; and one highlighting that the wording of limitation and exclusion clauses should be considered carefully when entering into appointments.

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The smash and grab TCC: a case of lost direction?

‘Smash and grab’ adjudications may be undermining the cash flow aims of the Construction Act in favour of unscrupulous contractors, but the Court of Appeal may have provided an opportunity for a brave employer to overturn this, says guest editor Richard Booth of Holman Fenwick Willan.

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Omission not good enough

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his scrutiny of RIBA’s Concise Building Contract. Among the problems found are some opaque sections, potentially problematic omissions, and meetings whose agreements might conflict with contract terms.

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Expected legal and litigation trends in 2016

Barrister David Pliener of Hardwicke Chambers looks into his crystal ball and ponders what 2016 might hold for construction law. He asks whether costs will drive litigants away from the courts. Prepare for an imminent battle over the Pre-Action Protocol, he warns.

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Arbitration: a new beginning?

The RICS has launched a new service that aims to provide a more cost effective approach to arbitration. Shy Jackson of Pinsent Masons, a member of the working group that devised the new service, explains how it works and the continuing attractions of arbitration, 20 years after the Arbitration Act.

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Approaching BIM – a legal perspective

Building Information Modelling (BIM) will be compulsory on public sector projects from April, but is the industry ready? Perhaps not fully, but Andrew Croft and Will Buckby of Beale & Company find that the UK is an international leader in BIM take-up in this review of where construction has got to.

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Experts have lessons to learn

Expert witnesses attracted a fair amount of judicial comment over the past year. Ann Levin and Patrick Stone of Herbert Smith Freehills review the most recent cases providing guidance on a number of aspects of using expert witnesses.

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Set-off to apply to third parties

Suriya Edwards and Julie Teal of Withers review the state of play with set-off which they argue can be used as a cash flow booster as well as a remedy to contractors. A recent case reviewed extends the application of the set-off rule to apply to third party agreements.

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The implications of claims made policy wordings

Despite improvements in recent years, claims made policy wordings can conceal pitfalls for the unwary. Insurance expert John D Wright of JD Risk Associates advises on practical steps to minimise the risks.

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