Magazine

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Conclusivity in construction contracts

Michael Wheater of Hardwicke Chambers explains in what circumstances the courts will regard final certificates as conclusive evidence. The courts have a long track record of upholding conclusive evidence clauses and recent case law shows the importance of following correct procedure.

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The defences of set-off and abatement

A variety of defences are available against claims involving the use of set-off or abatement. Martyn Naylor of 4 Pump Court explains how several different types can be used in different circumstances.

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Adjudication heads east

Statutory adjudication has been a great success in the UK, where it was first introduced. Other jurisdictions are following the UK lead and introducing more flexibility to the process as Laura Coates of Clyde & Co reports.

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Good faith in English law: what does it mean?

Although there is no established legal definition of what good faith actually means, the courts now accept that good faith provisions in contracts can be enforceable. Paul Giles and Emily Walling of Eversheds explain how the courts’ view has been developing.

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Underinsurance – a constant problem

Insurance expert John D Wright of JD Risk Associates looks at the issues thrown up by failing to insure adequately. The problem seems to be widespread among consumers, but even construction companies have found themselves caught out.

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FIDIC dispute resolution system upheld

Our latest alternative dispute resolution series article, from Charlotte Davey of Clyde & Co, looks at a decision by a Swiss court that supports the multi-tiered nature of the FIDIC dispute resolution system.

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Legal terms explained: Bilateral Investment Treaties

Contractual disputes invariably get resolved in accordance with the contractual dispute resolution clauses. Sometimes, however, there is an alternative through the use of bilateral investment treaties (BIT). This is not always an option, but when it is a possibility it can serve a very useful function.

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Consultants – navigate your novation

The growth of design and build has placed more risk on to consultants. Guest editor Andrew Croft of Beale and Company warns consultants to understand how to manage those risks from the outset of projects, especially when novated.

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State of play table 194

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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Outcome of consultation on CDM regulations

The Health and Safety Executive (HSE) has reported to its executive board on the outcome of its consultation on proposed changes to the Construction (Design and Management) Regulations 2007, SI 2007/320 (CDM 2007) which received among the highest number of responses of any consultation undertaken by the HSE.

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