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Giving credit where it is due

Luke Wygas of 4 Pump Court reports on a shipping case that has relevance for construction disputes over breaches of contract that result in windfall gains for claimants. Considerations of justice will shape a court’s view on whether defendants should share the benefits.

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High bar set for setting aside arbitration orders

Vijay Bange of Trowers & Hamlins reviews a case highlighting the need for parties wanting to refer a dispute to arbitration to make sure that they follow the applicable rules correctly and ensure that details of the other party are accurate. A lot of time, money and effort might otherwise be spent.

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House of Lords’ ruling needed

Insurance expert John D Wright of JD Risk Associates explains the insurance view on economic loss and explains why collateral warranties may be needed to cover for some losses. Contradictory case law will be generated until there is a House of Lords’ ruling, he predicts.

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What a difference a year makes

Dileep Pisharody, partner at Hill Dickinson LLP, considers a recent Court of Appeal decision that overturns an earlier finding regarding net contribution clauses. These clauses should be pointed out to clients, especially when they are consumers.

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ADR is ‘A-OK’

In our latest alternative dispute resolution article Aine Quinn and Rachel Chaplin of Clyde & Co report on a court decision that underlines the high risks of refusing to engage in mediation and ADR.

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Legal terms explained: Liquidated damages – genuine pre-estimate of loss

Construction contracts often provide for liquidated damages, where the parties will agree in advance what the financial consequences of default, often delay, will be.

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The international contract challenge

Guest editor Shy Jackson of Pinsent Masons asks whether either FIDIC or the NEC contracts can be safely used outside the UK. Well established basic construction law concepts don’t mean the same everywhere.

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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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