Magazine

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All change or more of the same?

Julie Teal and Anne Davies of Withers look at the revised Construction (Design and Management) Regulations that take effect in April. The impact of the changes could be felt most keenly on smaller projects, they argue.

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Third party adjudication rights

Vijay Bange of Trowers & Hamlins reports on a case involving a question that had not previously been put to the Technology and Construction Court – whether a third party can refer a dispute to adjudication. The answer is no – unless the contract specifically allows for it.

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Adjudication and natural justice

Inconsequential natural justice breaches will not succeed as the basis for challenges to adjudication decisions, warns Jessica Stephens of 4 Pump Court. Some breaches however will render decisions unenforceable, as she explains.

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Decision reignites adjudicators’ fees debate

Following a recent appeal court ruling that an adjudicator is not entitled to be paid if he does not produce an enforceable decision, Neil Kelly of MacRoberts analyses a Scottish court decision that provides guidance on the same issue.

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Collaboration needs to be addressed

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, examines the Supplemental Provisions of the JCT Management Building Contract. Can proper co-operation be established and maintained using a management contract, he asks.

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Reports from the courts: April 2015

Andrew Croft and Simi Sivapalan of Beale & Company report on the recent court cases of most interest to construction, including one with implications for novation; and a ruling that underlines the difficulty of challenging an adjudicator’s jurisdiction on the grounds that a dispute has not crystallised.

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Late payment: challenging grossly unfair terms and practices

The Department of Business, Innovation and Skills (BIS) has published new proposals which seek to expand the powers of representative bodies in the UK to better tackle late payment issues.

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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.

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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.

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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.

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