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Contract law as others see it

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, reflects on the minefield of pitfalls that can be dug by those who would devise their own contracts or amend standard forms.

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Reports from the courts: December 2013

Our regular round up of the court decisions of most interest to construction from Andrew Croft and Will Buckby of Beale & Company includes an adjudication decision being upheld despite the adjudicator applying a clause in a way that neither party had argued; and one which highlights the importance of naming the correct legal entities in contracts.

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Site Waste Management Plan Regulations 2008

he government has recently reported the results of the public consultations on the proposed repeal of the Site Waste Management Plan Regulations 2008, SI 2008/314, which ran between June and July this year.

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State of play table 186

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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Radar for dispute avoidance

Without trust and transparent communication Building Information Modelling projects will fail, says guest editor Edward Moore of ResoLex, which has launched a web based service designed to give early warning of problems arising on projects.

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Legal terms explained: Scott Schedules

A Scott Schedule is a useful tool that has developed to assist judicial decision-making by summarising the issues in dispute in a given claim. It typically consists of a schedule in which disputed issues are particularised and quantified so that the treatment of disputes can be carried out in a methodical and efficient manner.

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Design cover in contract works insurance

Insurance expert John D Wright of JD Risk Associates reviews the design cover available for contract works insurance. Various products offer design insurance, but watch out for restrictions, he warns.

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Rolling the adjudication dice

Thanks to a fairly constant group of appeals against adjudicators’ decisions we have a plethora of guidance from the courts on how adjudicators are allowed to reach their decisions, says Vijay Bange of Trowers & Hamlins.

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Commercial suicide fears are no defence

Ann Levin and Estelle Katsimani of Herbert Smith Freehills analyse an application to appeal an arbitration award in a case where a contractor suspended work because it feared going bust if it proceeded.

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Recovering insolvency losses

Contractor insolvencies may be falling but even in an economic recovery the problems remain. Michael Bennett of Weightmans explains who owns what after a sub-contractor insolvency under the major contract forms.

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