Magazine

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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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It’s the taking part that counts

In our latest alternative dispute resolution series article Charlotte Davey of Clyde & Co examines a case that highlights, among other things, the dangers inherent in failing to participate in an arbitration in the hope of evading an award.

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Legal terms explained: Consequential loss

Some construction and engineering contracts, including FIDIC or LOGIC forms, may contain provisions precluding the recovery of consequential loss which has been caused by an actionable breach of contract, so as to limit the liability of the party who has committed that breach.

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Dark clouds over Panama

Guest editor Claire Tomlinson of Weightmans warns that even well drafted contracts might not always offer protection when the chips are really down on a major project where much is at stake, as the Panama Canal extension dispute highlights.

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