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Legal terms explained: Pt 36 offers

How does a Pt 36 offer work? A party in litigation can make an offer to settle in any way it chooses, but there are often costs, interest and tactical advantages in making a formal offer to settle that complies with Pt 36 of the Civil Procedure Rules. Part 36 offers – whether made by a defendant or a claimant – can be made at all key stages in the lifespan of a dispute.

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Limitation in the context of adjudication

The latest in our alternative dispute resolution series, from Lois Putnam and Nora Zaragoza Valero of Clyde & Co, examines limitations to the ability to refer a dispute to adjudication ‘at any time’.

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Public sector payment practices fall short

Sarah Greatorex, Executive Secretary of the Specialist Engineering Contractors’ Group, describes the findings of recent surveys designed to uncover the scale of payment practice and other procurement abuses among non-central government public bodies in the UK.

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Asbestos problems continue

Insurance expert John D Wright of JD Risk Associates examines the insurance industry response to asbestos. Its historic use is still killing more people in the UK than any other country.

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Appointing a principal designer

Julie Teal and Suriya Edwards of Withers explain the changes ushered in by the new Construction (Design and Management) Regulations which are now in force. Many smaller contractors and consultants still do not understand their new responsibilities, they warn.

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Tools to resolve disputes

In the final article of their three part ‘toolbox’ series on disputes avoidance and management Kathryn Coyne and James Pickavance of Eversheds focus on dispute resolution.

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Incentives control costs

Engineering Procurement Construction and Management (EPCM) contracts are increasingly popular on large and complex projects. Cecily Davis of Fieldfisher examines how incentives are used on them to control costs.

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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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