Magazine

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Third party claims need care

In the final part of a two part article, Holly O’Brien, Matthew Shotton and Shaun Livingston of Berrymans Lace Mawer look at recent cases to consider the effect settlement agreements might have on claims involving third parties.

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Don’t ‘waive’ privilege goodbye

Recent cases have highlighted the attitude of the courts to who enjoys privileged communications and with whom. William Cursham of Gateley examines why privilege is so important and the circumstances under which it can be inadvertently waived.

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Hidden dangers in contract works insurance

Construction insurance expert John D Wright of JD Risk Associates explains what exactly is – and what is not – covered under contract works insurance. Not all risks are covered and all consequential losses are excluded, he warns.

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Adjudication quality questioned

In the latest of our regular series on alternative dispute resolution Rachel Chaplin of Clyde & Co looks at guidance from the Royal Institution of Chartered Surveyors on conducting adjudications, which have been losing popularity due to the poor quality of some decisions.

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State of play table 175

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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Legal terms explained: Indemnities

An indemnity is an express contractual obligation on Party A to compensate Party B for some defined loss or damage by making a payment.

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Waiting for the Act to bite

Guest editor Stephen Barnfield of Hill Dickinson assesses what impact the Corporate Manslaughter and Corporate Homicide Act 2007 and the Health and Safety (Offences) Act 2008 have had on construction.

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Reports from the courts: October 2012

Our regular round up of court decisions of most relevance to construction comes from Will Buckby and Andrew Croft of Beale and Company and looks at a TCC case that underlines the importance of clear drafting of settlement agreements; and another highlighting the difficulties of making a CPR Pt 8 application during an adjudication.

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Calling projects to account

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, scrutinises the JCT’s Project Bank Account documentation, which can be used with all JCT standard forms and on any size or type of project.

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A new leading authority?

What is said to be one of the most significant decisions of the Technology and Construction Court in recent years, in a case with fees of some £10 million and described by the judge as ‘full-blooded conflict’, is examined by Gurbinder Grewal of SNR Denton. Important guidance on concurrent delays, global claims and the use of formulae in claims was gained.

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