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Will the pendulum swing to arbitration?

In the latest article in our alternative dispute resolution series David Owens of Clyde & Co says more user-friendly arbitration could be heading for a comeback as an alternative to litigation which is increasingly expensive and difficult.

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Legal terms explained: Time at large

Time at large is a term which is used to describe circumstances when the original completion date falls away and is replaced by an obligation on the contractor to complete the works in a reasonable time.

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A quiet revolution

Guest editor David Mosey, Director of the Centre of Construction Law and Dispute Resolution at King’s College London, says a procurement and project delivery method that is collaborative, transparent, and commercially robust is emerging from three recent initiatives.

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UK Green Building Council publishes ‘Building Zero Carbon – the case for action’

In February 2014 the UK Green Building Council (UKGBC) published its report entitled ‘Building Zero Carbon – the case for action’, drawn up by a panel of construction and property experts.

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State of play table 190

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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Reports from the courts: May 2014

Our regular review of the cases of most interest to construction comes from Will Buckby and Andrew Croft of Beale and Company, with the focus on an appeal court ruling in a case concerning order of precedence clauses; and another suggesting that relying on claims for extensions of time for serving claims forms can mean ‘dicing with procedural death’.

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That’s the contractor’s responsibility

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his inspection of the JCT’s revisions to its Management Building Contract. Changes have removed some long winded wordings.

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What is the effect of a failed assignment?

Michael Douglas QC of 4 Pump Court analyses a recent court decision relating to non-assignment clauses and declarations of trust. Use clear wording in contracts if you want to rely on declaring a trust to avoid a non-assignment clause, he advises.

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Alliancing still to be tested

Ben Mullard and Pasquale Pisanelli of Beale and Company review the development of the alliancing model and consider some of the ongoing issues that might need to be addressed. Can the traditional contracting mindset be completely left behind?

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Judges given greater discretion over injunctions

Guy Willetts of Trowers & Hamlins analyses a Supreme Court ruling that has widened the discretion given to judges to decide whether damages should be awarded instead of an injunction in cases where property rights are infringed.

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