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State of play table 184

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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Construction Products Regulations 2013

By implementation of the EU Construction Products Regulation 2011 (Regulation (EU) No 305/2011), the similarly-named Construction Products Regulations 2013, SI 2013/1387 come into force on 1 July 2013 and make, most obviously, sweeping changes as to the use of CE marking on construction products on the market in the UK.

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Globalising construction legal services

Construction is increasingly international and key players in the provision of legal services to the industry are realigning to reflect that. Guest editor Robert Bundell explains the drivers behind the creation of globally focussed Holman Fenwick Willan from its niche UK construction roots.

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Legal terms explained: Set-off

Set-off is a mechanism that allows a debtor to make a cross claim against a creditor to reduce or extinguish the creditor’s claim. It is commonly used in construction disputes. There are a number of different ways in which set-off can apply.

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International arbitration – an industry perspective

In the latest article in our alternative dispute resolution series Rachel Chaplin of Clyde & Co reviews the findings of a survey into the international use of arbitration. Fears of ‘judicialisation’ have not put people off its use.

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Conditions and warranties in insurance policies

Breaches of warranties can void insurance policies, even if they had no impact on the events leading to claims under a policy, warns insurance expert John D Wright of JD Risk Associates in this review of common conditions and warranties.

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Keeping the faith

Good faith clauses seem to be growing in use, but not all parties seem to be fully aware of their significance, says Vijay Bange of Trowers & Hamlins. Recent cases show the dangers of being over reliant on them.

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Dark clouds lifting

Nick Kramer and Dean Ryburn of Dentons say construction is resurgent in the United Arab Emirates, a traditional stamping ground of UK consultants and contractors. Lessons need to be learned from the last boom as many cases from those days are still in the courts.

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Beware men of straw

Little guidance has been available as to whether net contribution clauses would be upheld by courts in England and Wales. Dileep Pisharody of Hill Dickinson reviews a recent case that gives guidance for the first time – and provides a salutary lesson on the need to be fair and clear when drafting them.

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Good and bad in the IChemE forms

Clients and contractors will both find positive changes in the new IChemE forms; but there are negatives for each as well, warn Rachel Chaplin and Ed Freeman of Clyde & Co, in the second part of their analysis.

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