Magazine

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‘Caused’ by the works

Insurance expert John D Wright looks at the tricky area of third party property cover, in particular contractors’ liability for damage to adjacent property during works, explaining what underwriters will be asking questions about.

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Pay when enforceable

Rachel Chaplin of Clyde & Co analyses the wider implications of an appeal court ruling that could result in adjudicators not being paid when decisions are unenforceable, in the latest of our alternative dispute resolution series.

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State of play table 178

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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The government’s Mid-Term Review

The government published its Mid-Term Review early this month, and has been assessing its performance against the aims and promises that were included in the original coalition agreement in May 2010.

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Legal terms explained: Execution of Contracts

A correctly executed contract creates a binding legal relationship between the contracting parties upon agreed terms, whereas an incorrectly executed contract may render contract terms unenforceable, creating uncertainty and the potential for disputes.

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Time for Technical Referees?

Guest editor Roger Knowles, an independent construction disputes consultant, says it is time to end the grotesque legal expenses that disputes can give rise to. Court appointed Technical Referees could be the solution, he argues.

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Reports from the courts: January 2013

Our regular round up of court decisions, from Will Buckby and Andrew Croft of Beale and Company, includes a ruling which denies that planners constitute a profession; and one that says adjudicators need not be paid when decisions are unenforceable due to natural justice failings.

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Impeccable tender advice

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, takes a look at a guide to tendering procedure from the JCT which he finds to be a very well written attempt to grapple with a difficult topic.

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Court takes pragmatic approach

Ann Levin and Jessica Rajwan of Herbert Smith Freehills examine a court decision that highlights the importance of careful drafting of bespoke arbitration clauses, in a case where the court ruled that the clause on which the case turned was not in fact an arbitration clause.

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Supply chains: get it right

Contractor insolvencies are running at a worryingly high level and represent a serious supply chain management risk. Giles Searby and Daniel Gardiner of Hill Dickinson say the London Olympic games procurement process points to how to minimise the risks.

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