It’s not how you got there; it’s where you end up

In our latest alternative dispute resolution series article Rachel Chaplin of Clyde & Co examines the latest court ruling on an adjudication involving an oral contract.

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No CDM 2015 Approved Code of Practice recommended

Despite the government’s indication that an Approved Code of Practice (ACoP) would be published to accompany the Construction (Design and Management) Regulations 2015, SI 2015/51 (CDM 2015), the HSE’s Construction Industry Advisory Committee (CONIAC) has advised against a new ACoP.

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State of play table 207

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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Legal terms explained: Implied terms

The courts have recently reversed their stance on implied terms, returning to the position held before A-G of Belize v Belize Telecom Ltd [2009] UKPC 10.

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Penalty clauses

Legal terms explained

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Un-Belize-able: the diminishing role of commerciality

Parties will have to live and die by the wording of their contracts following an apparent Supreme Court volte-face on how contract terms are to be determined, warn guest editors Rachel Ansell QC and Matthew Thorne of 4 Pump Court.

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State of play table 206

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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Merger creates new projects authority

The government has announced that at the start of 2016 of Infrastructure UK (IUK) and the Major Projects Authority (MPA) will merge, uniting in one body the government’s expertise and knowledge of managing and delivering major economic projects.

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Reports from the courts: January 2016

Our round up of the key court decisions affecting construction from Andrew Croft and Simii Sivapalan of Beale & Company, includes a case highlighting that a limitation clause does not remove liabilities to all parties on a contract; and another where a court considered the late payment provisions of the ‘Construction Act’ where insolvency was a risk.

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