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Construction dispute market trends

Guest editor Vijay Bange of Trowers & Hamlins examines international comparisons of the UK’s construction disputes. They take about twice as long to resolve as elsewhere in Europe, and this could have been even worse if not for adjudication, he argues.

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Reports from the courts: January 2014

Our regular round up of the court cases of most interest to construction from Will Buckby and Andrew Croft of Beale & Company focuses on a case which turned on whether a beneficiary of a bond can call on the bond by virtue of its own breach of contract; and on a dispute where the judge called the contractual arrangements ‘death by subcontracting’.

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A contract for complexity?

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, turns his attention to the JCT Management Building Contract 2011 which is a complex document designed to cover most, if not all, eventualities on major projects.

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Construction law in 2013 – a review

Shy Jackson of Pinsent Masons highlights the key themes and decisions affecting construction law during 2013, with a detailed consideration of the year in adjudication and a review of developments in Scotland following in separate articles.

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The year in adjudication

Lawrence Davies and Michael Cottrell of Pinsent Masons review some of the key adjudication cases from 2013, including a judgment drawing collateral warranties into the adjudication arena and a surprising Court of Appeal judgment on limitation periods for challenging adjudicator decisions.

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Review of construction law in Scotland 2013

Shona Frame of MacRoberts reviews the main construction law related developments in Scotland during 2013. The principal themes in a busy year included developments related to public sector procurement and issues arising from insolvency.

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Perseverance pays

Pasquale Pisanelli and Will Buckby of Beale & Company analyse a judgment that gives rare guidance on whether costs incurred in enforcing an arbitration award

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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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