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Kitchen sink drafting style under scrutiny

Michael Sergeant of Holman Fenwick Willan considers the recent Court of Appeal case of Hojgaard v E.ON and the challenges it presents for those drafting and negotiating construction contracts.

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Beware specified perils

Jenny Barnett of Pinsent Masons examines risk allocation through the insurance provisions of a JCT Design & Build contract. Specified perils can justify a contractor being granted an extension or a claim even where damage results from his own negligence, she finds.

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Minimising the risk of disputes arising

In the first of a three part series that aims to provide a toolbox on how to avoid, or how to manage, disputes, James Pickavance and Kathryn Coyne of Eversheds focus on minimising the risks of disputes arising in the first place.

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Revised Regulations will repay study

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, examines the revised Construction (Design and Management) Regulations 2015. Some requirements of the revised Regulations might come as a surprise, yet could easily pass unnoticed, he warns.

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Reports from the courts: August 2015

Our regular round up of court cases of most interest to construction comes from Simmi Sivapalan and Andrew Croft of Beale & Company, including a ruling involving a FIDIC contract; and another involving a consideration of an NEC3 contract.

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Increasing Britain’s energy efficiency

In a recent open letter to the Chancellor of the Exchequer, the UK Green Building Council, backed by leading figures from the construction, retrofitting and property sectors, has offered its assistance in increasing energy efficiency, which they say presents a major opportunity to drive economic growth.

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State of play table 202

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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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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