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Developing claims and formalising the dispute

In the second of their three part ‘toolbox’ series on avoiding or managing disputes James Pickavance and Kathryn Coyne of Eversheds focus on the early stages including the decision of whether to proceed with a dispute.

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More transparency of contract terms needed

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his examination of the new Construction (Design and Management) Regulations and highlights some areas that are difficult to see operating well in practice.

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Reports from the courts: October 2015

Andrew Croft and Simii Sivapalan of Beale & Company present our regular round up of the court cases of most interest to construction, including the first Supreme Court ruling affecting adjudication; and a Scottish Court of Session decision giving guidance on the incorporation of documents into a construction contract.

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State of play table 203

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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Retention redux

Guest editor Marion Rich, Director of Legal and Contractual Affairs at the British Constructional Steelwork Association, says the anti-retentions battle goes on, but that the moneys withheld need urgent protection against insolvency.

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Legal terms explained: Without prejudice and the interpretation exception

Without prejudice and the interpretation exception If a statement is made in a genuine attempt to settle an existing dispute (whether in writing or orally) then it is considered ‘without prejudice’.

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Benefit banned from own breach

In our latest alternative dispute resolution series article Russell Banfi of Clyde & Co reports on a rare TCC consideration of an arbitration arising out of a dispute under a FIDIC form of contract.

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Insurance fraud taken to task

Insurance expert John D Wright of JD Risk Associates explains the background to a government investigation into insurance fraud which has produced an interim report. Exaggerating the quantum of claims is also fraud, he warns.

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Tender award is not the end of the game

Vijay Bange of Trowers & Hamlins examines how and why procurement decisions are so frequently being subject to post award challenge.

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Recovering adjudication costs

Winning an adjudication is no guarantee of a financial advantage, as Andy Mather of Macfarlanes points out. There are some potential ways to recover costs, but they need to be tested in court.

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