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Mixing tenses has no place in contracts

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his scrutiny of the RIBA Concise Building Contract 2014. Some curious wordings leave some questions unanswered, he finds.

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Key adjudication questions still unanswered

Last year was a busy one for adjudication cases coming to court. Lawrence Davies and Matthew Friedlander of Pinsent Masons review some of the key cases and the future impact they will have.

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Review of the year in Scotland

 Shona Frame and Madeleine Young of CMS review the main events in construction law in Scotland during 2015. A highlight was a rare example of an NEC contract being considered by the courts.

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Payment issues clarified

Doug Wass of Macfarlanes LLP welcomes the clarity on interim payments provided by recent court decisions. Pay less notices that set out a revaluation of work are valid, employers will be pleased to learn.

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Get with the programme!

Is incorporating the programme into the construction contract a good idea? VanWyck Johnson of Clyde & Co warns perhaps not, in this analysis of the value of effective programming.

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Insolvency Rules vs arbitration – which prevails?

Vijay Bange of Trowers & Hamlins  analyses a dispute involving an insolvent contractor that provides guidance on whether the Insolvency Rules or an arbitration clause should apply. Arbitration prevailed so check your contract documentation, he urges.

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Litigation to fall under new Insurance Act

Insurance expert John D Wright of JD Risk Associates looks at the new Insurance Act coming into force this year, which should help policyholders and reduce litigation. The courts face a lengthy job of interpretation however.

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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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