Magazine

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Raising the liability cap

Ann Levin and William Glynn of Herbert Smith Freehills analyse a recent judgment that has implications for a range of issues including termination. The judgment also gives useful guidance on managing a project that is not going well.

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Surveyors need correct quantity of cover

Insurance expert John D Wright of JD Risk Associates explains what professional indemnity cover for quantity surveyors is available in the market. Care needs to be taken when early designs are novated, he warns.

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Silence is not golden

Failing to respond to an offer to mediate can be regarded as unreasonable behaviour by the courts, as David Owens of Clyde & Co argues in our latest alternative dispute resolution series article.

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Extending nationally significant infrastructure projects planning regime

The Planning Act 2008 provides for a streamlined authorisation process for nationally significant infrastructure projects (NSIP). Recent changes will provide developers of substantial business and commercial projects with the option of having projects considered through that process.

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State of play table 187

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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Legal terms explained: Subject to contract

The term ‘subject to contract’ is usually used by parties to contract negotiations to confirm that further negotiations are contemplated and to ensure that no contract is formed.

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Pay now, argue later – unless misled

In the latest article in our alternative dispute resolution series Rachel Chaplin of Clyde & Co reports on a TCC case which granted a rare stay of execution of an adjudication award.

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Design and build insurance not a panacea

Design and build is now a favoured procurement route for many clients, imposing onerous duties and responsibilities on contractors. Insurance expert John D Wright of JD Risk Associates highlights some pitfalls.

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Time of the essence for claims in tort

When a main contractor resorts to a claim in tort against its sub-contractor to ‘pass down’ liability to the employer/a beneficiary, when does its cause of action accrue? Peter Stockill of Berrymans Lace Mawer considers the issues.

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Arbitration invasion repulsed

The interaction between arbitration and the courts and the ability of the courts to intervene was considered in two cases in the English courts in 2013. Shona Frame of MacRoberts analyses the decisions.

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