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Legislation state of play table 292

This table, prepared by Alignment Media, 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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Legal terms explained – Constructive Acceleraton

Constructive acceleration often refers to a situation where the contract administrator (or equivalent) fails to award an extension of time (“EOT”) to which the contractor is entitled, and the contractor is compelled to accelerate the works to meet the original completion date, essentially to avoid liability for liquidated damages.

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How should lawyers articulate the odds of success?

Guest Editor Paul-Raphael Shehadeh of Duane Morris draws on the work of a CIA analyst to examine how sure lawyers might be when they advise clients of the chances of success in legal actions. They could be likely to be right probably some of the time!

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Reports from the courts: July 2024

Our latest Reports from the Courts on the cases of most interest to construction comes from Andrew Croft, Ben Spannuth and Daniela Miklova of Beale & Company Solicitors LLP who find in one an important reminder to parties settling litigation by way of Tomlin orders to ensure that the provisions are carefully drafted to prevent future claims arising in connection with the same contract or the dispute; and another that is the first decision to consider a Remediation Order (RO) application where a Grant Funding Agreement and contract for remediation works exists.

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General election promises focus on infrastructure – but will they be delivered on?

The main party manifestos and what they say about construction. Stephanie Geesink, Counsel, and Dom Turner-Harriss of Watson Farley & Williams LLP inspect the general election manifesto promises of the main parties, who all have a focus on infrastructure and planning reform. To what extent will these pledges translate into policies, they ask.

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Construction Law Guide to: Alliance Contracting

Our latest Construction Guides series article comes from Rachel Chaplin of DLA Piper LLP who explains the increasingly popular Alliancing approach to contracting.

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New or simply tweaked? A brief review of the JCT 2024 edition

Donald Warnock and Rae Ahmed of Norton Rose Fulbright LLP examine the recent updates to the Joint Contracts Tribunal Design & Build contract. Fitness for purpose obligations have been expressly excluded, which will be welcomed by contractors, they suggest.

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The limits of limitation of liability clauses

Barristers Chris Bryden and Georgia Whiting of 4 King’s Bench Walk review recent case law affecting the use and limits of limitation clauses, which reaffirms that the courts are likely to take a strict approach to the construction of an exclusion or limitation clause, particularly where the right in question is a valuable one.

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Current drafting trends in construction law

Jamie Bell of Watson Farley & Williams LLP examines some current trends in the drafting of construction contracts against a background of changing regulations and rising insolvencies.

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Alliancing to solve antagonism in public procurement

In the second of her two part series on collaboration in the Italian public sector, Professor Sara Valaguzza of the University of Milan describes how collaborative procurement is growing in Italy, as knowledge of the benefits of alliancing spreads.

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