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State of play table 191a

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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National Energy Efficiency Action Plan and Building Renovation Strategy

The Energy Efficiency Directive 2012 requires member states across the EU to introduce a framework of measures for promoting energy efficiency, in order to achieve the EU’s 20 per cent by 2020 energy efficiency target.

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Reports from the courts: July 2014

Our regular round of of court decisions of most relevance to construction from Will Buckby and Jennifer Webb of Beale and Company focuses on one where a firm line is taken on warranties as to the service life of works; and one demonstrating that time limits for claiming an extension of time and/ or additional costs may act as a condition precedent to obtaining an extension and/or additional costs.

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Notice needed to pay less

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, starts a series analysing the impact of ‘Construction Act’ changes on JCT contract forms with a scrutiny of payment requirements. There has been a complete change of emphasis in some places, he finds.

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Social value in procurement

Scotland’s Procurement Reform Act has received Royal Assent. Robin Fallas of Macroberts warns that there may be a slowdown in contract awards as authorities assure themselves that new procurement processes do not leave them open to challenges.

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Appeal court backs net contribution clauses

The Court of Appeal has overturned an earlier Technology and Construction Court ruling relating to net contribution clauses. Will Buckby and Andrew Croft of Beale and Company analyse a judgment that they say will give encouragement to those who regularly use such clauses.

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Will construction make the changes for BIM?

The BCSA’s Marion Rich, Director of Legal and Contractual Affairs, and Dr D B Moore, BCSA Director of Engineering, join Professor S T R Klein, Chief Executive of the Specialist Engineering Contractors’ Group to outline their concerns over some of the practical issues associated with achieving Level 2 Building Information Modelling.

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Asset modelling to curb PFI disputes?

The number of disputes under Private Finance Initiative deals is growing at the same time as the public sector focus on cutting life cycle costs intensifies. David Owens and Aine Quinn of Clyde & Co argue that the drive towards the use of Building Information Modelling suggests a way forward.

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A rare glimpse of FIDIC in the courts

Nick Oury of Herbert Smith Freehills reports on a case providing rare guidance on the interpretation of key clauses of the FIDIC standard forms. The court used commercial common sense as a benchmark in its approach to termination.

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In whose interest?

Insurance expert John D Wright of JD Risk Associates examines the most fundamental principle of insurance, which is insurable interest. Recent cases may have watered down the original concept of what constitutes insurable interest, he warns.

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