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Reports from the courts: November 2014

Our regular round up of the court cases of most interest to construction from Andrew Croft and Jennifer Webb of Beale & Company focuses on two appeal court rulings; one reversing a decision concerning whether certificates should be regarded as providing warranties; and another underlining the importance of careful drafting of indemnity clauses.

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More questions are answered

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, examines the insurance implications of the JCT Management Building Contract 2011. He finds it to be a logically constructed contract and warns would-be amenders to be cautious.

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Burden of proof placed on innocent parties

Vijay Bange of Trowers & Hamlins spells out the implications of a Commercial Court decision that could mean parties failing to carry out contractual responsibilities might only have to pay nominal damages. An imbalance may have been struck between supporting arbitration awards and intervening where something has clearly gone wrong, he warns.

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Architects’ role not just design

The architect’s role involves more than just design of the works, as Sean Whitham of Herbert Smith Freehills explains. The architect’s role is also becoming more complex as the complexity of contractual relationships grows.

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Collaborating on constructing excellence

Shona Frame and Greg Sibbald of MacRoberts examine the JCT’s Constructing Excellence suite of contracts which has been produced to help promote collaborative ways of working. Contractual teeth may still be needed though, they warn.

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Dispute resolution in the UAE

James Foster of Wragge Lawrence Graham & Co’s Dubai office, outlines the different laws which can apply to contracts in the United Arab Emirates where work opportunities are drawing in international players once again. He considers the advantages of court proceedings over arbitration and discusses the difficulties in enforcing awards.

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BIM – the insurance implications

Government policy has sent the construction industry in fast pursuit of its latest holy grail, Building Information Modelling. Insurance expert John D Wright examines the insurance implications.

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HSE spot checks – what to do?

Anne Davies of Withers explains what companies can expect when they receive a surprise visit on a site from health and safety inspectors, and what to do if any breaches of the law are found.

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Setting aside an expert determination

In our latest alternative dispute resolution series article Christopher Leadbetter of Clyde & Co reports on a rare example of an expert determination being challenged in the courts.

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Legal terms explained: Acceleration

Acceleration is a term often used both by parties in construction projects, but there can be questions as to how it operates in practice and how, and to what extent, payment may be due for what are regarded as measures taken in order to accelerate works.

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