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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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Warranties need to reflect the facts

Michael Woolley of Hill Dickinson discusses two recent court decisions impacting on the use of collateral warranties. Care needs to be taken with the wording used and the insurance cover, he warns.

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The role of FIDIC on the global stage

FIDIC’s ‘Rainbow Suite’ of contracts are among the most heavily used in international construction. Michael Conroy Harris of Eversheds explains their main features.

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Valuing omissions – the alternative method

Michael Sergeant of Holman Fenwick Willan examines a recent TCC case that illustrates the difficulties in valuing omissions using an increasingly common, alternative, approach to using the same rates as in the original contract valuation.

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