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Surviving termination: The enduring rights and obligations in construction contracts.

Joseph Wittenberg of Turner & Townsend Contract Services Ltd looks at uncertainty around what rights and obligations survive contract termination. The courts will assume that a party will not freely give away its common law rights, so careful clause wording could be important, he warns.

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Insuring the Catastrophe Risks

Insurance expert John D Wright of JD Risk Associates looks at the insurance cover available for losses incurred during catastrophes, which are on the rise due to climate change. Some risks are already uninsurable, he warns.

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Could ADR help shift to collaborative contracting?

Practical steps for meeting the JCT’s collaboration requirement were discussed in our June 2024 column. In our latest alternative dispute resolution (ADR) series article, Tracey Summerell considers whether the availability of a mediation-like process for key parties pre-project commencement could fast-track the establishment of trust and strong relationships that underpin collaboration.

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Legislation state of play table 297

This table, prepared by Alignment Media, 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 terns explained: IBA Site Visit Model Protocol for International Arbitration

In the context of construction arbitrations, it can be beneficial for a tribunal to visit the site to contextualise the issues in dispute. Site visits can also facilitate equal access to evidence that may otherwise be in the possession of one party alone. Certain procedural rules, such as the International Bar Association’s (IBA) Rules on the Taking of Evidence in International Arbitration, empower tribunals to inspect or require the inspection of a site.

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Navigating the challenges and contractual landscape in the offshore wind industry

Guest Editor James Cameron of Pinsent Masons welcomes a new FIDIC contract that is expected this year, which will address some of the issues facing the offshore wind industry. The sector is also one that should benefit from current government promises to limit the use of judicial reviews that can substantially delay project progress.

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Reports from the courts: Jan/Feb 2025

Our regular round up of the court decisions of most interest to construction comes from Andrew Croft, Ben Spannuth and Daniela Miklova of Beale & Company Solicitors LLP who examine one that may result in an increase in fire safety disputes being referred to adjudication; and an appeal court judgment that clarifies the meaning and application of wording which is often used in construction all risks policies.

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The construction adjudicator of the future

Mike Waring, construction specialist and partner at Knights, explores the concept of the AI Adjudicator-bot and delves into how AI can enhance case management, with a particular focus on its application in adjudication.

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Construction Law Guide to JCT Contracts

Our latest Construction Law Guides series article comes from Rachel Chaplin of DLA Piper UK LLP who looks at the Joint Contracts Tribunal range of contracts.

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Review of construction law in 2024

Our review of the construction law year comes from Andrew Croft, Ben Spannuth, Daniela Miklova, Kayleigh Rhodes, and Anna Benz of Beale & Company Solicitors LLP. The courts saw a lot of activity and there were significant developments relating to building safety.

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