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Whose loss is it anyway?

Gordon Anderson and Michael Mendelblat of Herbert Smith Freehills describe the ways that no loss arguments can be deployed in disputes. Don’t rely entirely on the courts’ desire to stop contract breakers escaping liability, they warn.

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New RIBA concise building contract

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, casts his eye over a new standard form published by RIBA. In this first part of a critical examination he finds backing to the view that there is no substitute for knowing the contents of a contract thoroughly.

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Reports from the courts: November 2015

In our latest review of the recent court decisions of most interest to construction Andrew Croft and Simii Sivapalan of Beale & Company report on a dispute under a FIDIC form that went to the Privy Council on appeal; and another that extends the case law on ‘good faith’.

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World’s first Low Emission Zone introduced in London

From 1 September 2015, non-road mobile machinery (NRMM) used in construction projects in London will be required to meet new engine emissions standards based upon those set out in EU Directive 97/68/EC.

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State of play table 204

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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The rush to build: challenges of the development sector

Guest editor Will Cooper of Clyde & Co sees benefits and potential problems from the growing use of pre-construction service periods. Robust contractual protection is vital for all parties, he warns.

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Legal terms explained: Bias

Bias The rules of natural justice dictate that every party has the right to a fair hearing before an impartial tribunal. Such rules are considered so fundamental in a fair legal system that a failure to observe them should render a decision null and void.

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Squaring a jurisdictional circle

In our latest alternative dispute resolution series article Will Cooper of Clyde & Co examines a court decision that supports the commercial purpose of contracts in deciding on arbitral jurisdiction.

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Danger danger … and the duty to warn

Julie Teal and Suriya Edwards of Withers report on a case that offers guidance on the scope of a consultant’s duty to warn, but also touches on a range of other issues like property interests, professional team selection and health and safety.

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Excessive costs budget targeted by court

Mark Lawrence, Senior Counsel at Macfarlanes, reports on a recent costs management related ruling that shows the determination of the courts to curb runaway litigation costs. Court management cut costs by almost 50% in the case analysed here.

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