State of play table 198

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.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

Two stage tenders on the rise

Guest editor Ed Freeman of Clyde & Co explains why pre-contract services agreements are growing in popularity along with the use of two-stage tendering. Approach them with caution, he advises.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

Legal terms explained: Remoteness of damage

Remoteness of damage In contract law, if Party B breaches an obligation it owes to Party A, Party A, in principle, is entitled to damages. However, the law applies certain principles to limit the level of damages Party A is entitled to recover, one of which is the principle of remoteness.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

Mediation undermined in Spain

In our latest alternative dispute resolution series article Russell Banfi of Clyde & Co finds the use of mediation growing in Spain; but with key differences in attitudes to the UK.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

Regime change for payment notices

Robin Wood and Ann Levin of Herbert Smith Freehills examine one of the first reported cases under the new statutory payment regime that amended the Construction Act, which has important lessons concerning the payment notices regime.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

Payments on account in respect of disputed sums

Kathryn Coyne and James Pickavance of Eversheds discuss the practice of paying moneys on account in respect of disputed items, the risks of doing it and how to try and ensure the risks are minimised.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

Constructing policy wordings

Insurance case law is littered with issues of interpretation of policy wordings, says insurance expert John D Wright of JD Risk Associates. But ambiguity in words used by insurers will be construed against them.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

Managing risk in renewables

Tom Pemberton of Beale & Company analyses procurement in the burgeoning renewable energy market, warning that recent case law highlights why contracts have to allocate risk appropriately.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

Adjudication decision writing guidelines

What exactly constitutes an adjudication decision and what matters does it need to cover? Ashley Pigott of Wragge Lawrence Graham & Co provided some answers in this article based on his recent presentation to the TeCSA adjudicators’ conference.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

Adjudication in 2014 – review of the year

Lawrence Davies and Louise Schubert of Pinsent Masons review some of the key adjudication cases from 2014, starting with a surprising decision on the meaning of ‘construction contract’ and ending with two important decisions concerning payment notices.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.