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Growth and Infrastructure Act 2013

The Growth and Infrastructure Act 2013 received Royal Assent on 25 April 2013 and according to a government press release, introduces reforms ‘to reduce the bureaucratic barriers that stop British businesses from successfully creating economic growth and local jobs’.

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State of play table 183

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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Moving with the times

Guest editor Andrew Croft of Beale & Company reviews the new edition NEC3 suite of contracts which, although welcomed, could have gone further, he argues. An NEC Alliancing Contract could be in the offing.

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Where human rights impinge on enforcement

Guest editor Shona Frame of MacRoberts says the uncertainty generated by a Scottish court acceptance of a challenge to an adjudication enforcement on human rights grounds may deter parties from using adjudication.

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Reports from the courts: June 2013

Our regular look at the court cases of most interest to construction from Will Buckby and Andrew Croft of Beale & Company focuses on an appeal court reversal of a high court ruling on a case turning on ‘good faith’; and another showing the difficulties of recovering money from employers when contractors are insolvent.

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Take care with checking

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his scrutiny of the JCT Practice Note on tendering, looking at the sections detailing the importance of observing proper procedures if successful challenges from losing tenderers are to be avoided.

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Risk and responsibility in contracts

Insurance expert John D Wright of JD Risk Associates examines the often thorny issues surrounding the principle of subrogation which, although simple in theory, often gives rise to complex issues in modern business situations.

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Making a mark on construction

CE Marking for products is introduced to UK construction from 1 July and becomes law immediately. Oliver Brooks and Sarah Taylor of Pinsent Masons spell out the legal obligations that will be imposed and what the consequences for failure to comply with the new rules will be.

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Adjudication – one at a time please!

Digby Hebbard of Trowers & Hamlins warns that only very serious breaches of adjudication rules are likely to support successful challenges to decisions, as the Technology and Construction Court confirmed in a recent case.

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NEC heads East

Singapore based Tia Starey of Clyde & Co assesses the prospects for the spread of the use of the NEC suite of contracts in Asia. Adoption of a standard form construction contract in the region may not be that far away, she suggests.

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