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National Audit Office briefing confirms PPP ‘has a role’

In a paper issued recently entitled ‘The choice of finance for capital investment’ the National Audit Office (NAO) looked at capital investment using public and private finance.

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State of play table 200

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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A suitably worded agreement

Guest editor James Ladner of Pinsent Masons warns that neglecting to use the familiar and powerful term ‘subject to contract’ properly can easily result in disputes that reach the courts.

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Legal terms explained: Indemnity costs

Indemnity costs Once litigation is over, whether by way of judgment or settlement, the parties must deal with the difficult issue of costs. All too often the parties fail to agree the costs position, such that they are forced to turn to the court to decide the issue for them.

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Professions under threat

More cooperation between the construction industry’s professions is needed if they are to remain relevant, according to a report from the government’s former Chief Construction Adviser Paul Morrell.

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The dangers of refusing ADR

In our latest alternative dispute resolution series article Christopher Leadbetter of Clyde & Co reports on a High Court case that highlights the potential costs of refusing an offer to mediate.

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Clients’ rights to be strengthened

The Third Parties (Rights against Insurers) Act is being updated. Julie Teal and Suriya Edwards of Withers say its enactment will remove some significant problems for clients seeking redress from insolvent contractors or consultants.

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Longtail liability and limitation

Insurance expert John D Wright of JD Risk Associates explains the working of liability insurance policies, in particular the issues thrown up by their longtail liability nature.

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No blame culture underpins alliances

Cecily Davis of Fieldfisher looks forward to increasing investment in the UK’s creaking infrastructure and argues that a new approach to procurement is needed. A recent best practice guide suggests the way forward for an alliancing approach, she argues.

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Shifting the burden of proof

Barrister Charles Thompson of Hardwicke Chambers considers what the rights to return of adjudication moneys are following conflicting appeal court rulings. Crucially, the burden of proof in later proceedings is not altered by an adjudication decision.

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