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Designing out disputes

Guest editor Roger Button of Mills & Co, a member of the Contracts Committee of the IChemE, which has been responsible for the new editions of its Contract and Subcontract Form, outlines some of their key features.

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Legal terms explained: Quantum meruit

The term quantum meruit means the amount that has been earned, ie ‘what the job is worth’ or ‘fair reward’. In other words, quantum meruit is the reasonable value of services.

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Choice of law for arbitration agreements

This latest instalment in our alternative dispute resolution series has David Owens of Clyde & Co cautioning that determining what law is applicable to an arbitration agreement might not be straightforward.

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Insuring the design risk

Insurance expert John D Wright of JD Risk Associates examines the small print of design liability insurance, pointing out that there is no standard definition of what constitutes a design. Professional indemnity policies are the best solution, but always seek guidance on the wording, he warns.

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Preparation is everything

Preparing witnesses for the sometimes nerve wracking ordeal of the court process is a legitimate exercise, but coaching them in what to say is not. Vijay Bange of Trowers and Hamlins argues that there is now a need for proper regulation.

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No obligation to question designs

Tony Dymond and Estelle Katsimani of Herbert Smith Freehills analyse a case arising out of an accident causing serious injuries that turned on what duty of care means for a sub-contractor working on designs it is provided with.

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Alliancing – it’s all for one and one for all

Will Buckby and Andrew Croft of Beale and Company review the operation of alliancing type procurement which major industry clients like Thames Water and Network Rail are increasingly adopting.

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New roads to private finance

Chris Hallam of Pinsent Masons looks at developments arising from the Chancellor of the Exchequer’s Autumn Statement and how this may impact on the procurement of new infrastructure projects in the UK.

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Being certain it’s certain enough

Barristers James Leabetter and Matthew Thorne of 4 Pump Court examine recent cases that highlight the need for taking great care in drafting conciliation and mediation clauses.

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Keep tender lists sensible

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, scrutinises the Preliminary Enquiry section of the JCT’s tendering practice note. Employers should not invite too many tenderers or place a start-by date on works, he warns.

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