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The perennial problem of notices

Sean Brannigan QC of 4 Pump Court and Arbitration Chambers, Hong Kong, analyses notice provisions in the light of recent guidance, some of which has been overlooked, from three cases before the TCC. Common themes emerge that will influence future court decisions and arbitrations, he argues.

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That sinking feeling

Subsidence insurance cover is a relatively new phenomenon and claims are a major headache for insurers. Insurance expert John D Wright explains how the courts’ attitude to claims developed.

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Highways – what’s around the bend?

Ben Mullard of Beale & Company reviews the major changes under way in the key highways market that it is hoped will transform the way highway services are procured. A new collaborative approach to contracts has been welcomed by the industry.

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Danger ahead?

New responsibilities are being placed on designers by changes in health and safety law while HSE budgets are being cut. Michael Woolley of Hill Dickinson warns that increasing workloads and the changes to health and safety law may present significant challenges to the industry and its insurers.

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CEDR model mediation procedure changes

Will Cooper of Clyde & Co examines the recent changes to the CEDR’s model mediation procedure, most of which can be welcomed but some of which might be superfluous as well as likely to drive up costs.

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Legal terms explained: After the event and before the event insurance

An unsuccessful party to litigation will normally be required to pay a proportion of the winner’s costs as well as bearing their own. Consideration should therefore be given to whether a party holds any existing insurance for legal costs (known as ‘before the event insurance’).

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Soft landings – will we be ready?

Guest editor Shona Frame of MacRoberts looks at the proposed Government Soft Landings which is proceeding hand in hand with Building Information Modelling. New contracts will be needed but as yet there is little sign of any contractual documentation being put in place.

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The Infrastructure Bill 2014

The Infrastructure Bill, to be introduced in the 2014–15 Parliamentary session, is wide ranging in scope and those involved in projects and construction will feel its impact in numerous ways.

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State of play table 192

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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Reports from the courts: August 2014

In our regular round up of court decisions of most interest to construction Will Buckby and Andrew Croft of Beale & Company report on a rare example of a partnering agreement being examined in court; and on a Scottish court ruling on enforcing an adjudicator’s decision.

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