Magazine

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Facing highways challenges together

Guest editor Ben Mullard of Beale & Company sees a challenging future for Highways England – and its supply chain – as the newly formed organisation introduces new procurement routes. Much hope is being pinned on the Collaborative Delivery Framework, but is it up to the task?

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Legal terms explained: Challenging arbitration awards

Challenging arbitration awards One of the main reasons a party elects deciding a dispute by arbitration is the finality of the decision. The Arbitration Act 1996 (the AA) however allows a party to challenge the arbitration award in the English courts, albeit in very limited circumstances.

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Costs can put the brake on arbitration

In our latest alternative dispute resolution series article David Owen of Clyde & Co examines a case that shows the willingness of the courts to tackle disputes even where an arbitration agreement was set out in the contract.

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No blacklisting compensation for agency workers

Compensation for blacklisting may not be available for agency workers with no employment contracts with main contractors, Madeleine Thomson of Hamlins says in this report on a key employment law case.

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Contract works – cover for existing structures

Insurance expert John D Wright of JD Risk Associates looks at the cover available for contract works. Existing structures need separate cover but it is not always clear what constitutes an existing structure, he warns.

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Prospective loss in action

Losses have not always fully crystallised by the time that formal dispute resolution proceedings are commenced. Kate Hencken and James Pickavance of Eversheds look at the difficulties in recovering prospective loss and give practical tips for doing so.

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Making CDM work in practice

Rachel Chaplin of Clyde & Co takes a searching look at how the new Construction (Design and Management) Regulations will work in practice. Architects will often have to accept that they are best placed to assume the duties of principal designer.

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Caution required with early handover

Early handover is a feature of some refinery and petrochemical sector contracts that construction parties might envy. Justine Ayto of Herbert Smith Freehills flags up some reasons for caution when such a strategy is used.

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New RIBA contracts – approach with caution

Julie Teal and Jennifer Badham of Withers scrutinise new building contracts from RIBA and find some drafting anomalies, particularly with dispute resolution and assignment clauses, that parties should consider amending.

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Deletion masks changes

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his review of the changes to JCT’s Standard Building Contract with Quantities, focusing on changes made necessary by the revised Construction (Design and Management) Regulations.

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