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Environmental risk growing

Insurance expert John D Wright of JD Risk Associates reports on the changing market for environmental cover. Bespoke insurance cover is essential as the level of regulation grows, he warns.

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How low dare you go?

The issue of what appear to be abnormally low tenders has had a recent airing in the European and Scottish courts, reports Robin Fallas of MacRoberts. Playing pricing games – even if backed by bonds and guarantees – can backfire, he warns.

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Turning up the ‘hot tub’ heat

In this review of some aspects of the changes ushered in by the Jackson reforms Vijay Bange of Trowers & Hamlins focuses on those that particularly affect expert witnesses. More parties could be getting into the ‘hot tub’ together, he suggests.

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Costs need to be ‘proportionate’

Peter Stockill of Berrymans Lace Mawer LLP examines some key aspects of the Jackson reforms, changes to civil litigation introduced on 1 April and their impact on construction disputes. Will Jackson succeed where Woolf failed to control costs?

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A bond may be no guarantee

Elspeth Owens of 4 Pump Court describes a Court of Appeal decision in a shipbuilding dispute that has implications for guarantees and on demand bonds commonly used in construction contracts. An appeal to the Supreme Court is possible.

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Wide reaching contract changes

Rachel Chaplin and Ed Freeman of Clyde & Co report on wide-reaching changes to the IChemE standard contract forms in the first of a two part analysis. As our rather dog-eared copy of the IChemE Red Book testifies, it has been a few years (ten years in fact) since it was updated.

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Quality criteria are crucial

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his scrutiny of the JCT’s Tendering Practice Note, looking at what he says is a brave attempt to grapple with the thorny problems with defining quality criteria.

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Reports from the courts

In our regular round up of the court judgments of most interest to construction from Will Buckby and Andrew Croft of Beale & Company the TCC agrees with a Disputes Review Board decision in rejecting an appeal; and one where the judge recommended an extension of adjudication to contracts involving residential occupiers.

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State of play table 181

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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Energy Performance Certificates

The new 2012 Energy Performance Certificates (EPCs) Regulations have been implemented governing EPCs as a result of European legislation (see the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2012, SI 2012/890).

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