Alliancing to solve antagonism in public procurement – An Italian perspective

Professor Sara Valaguzza of the University of Milan provides an Italian perspective on what seems to be a worldwide drive towards more collaborative ways of working on construction and engineering projects. In this first part of a two part article, she argues that public contracting authorities and private parties often behave as if they were adversaries from the start, so the construction phase is constantly at risk of becoming a disputes battleground.

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Policy Drafting – an underrated skill

Our insurance expert John D Wright of JD Risk Associates warns against failing to pay attention to the drafting of policies. Could leaving it to juniors, as has often been the case, explain the sheer volume of insurance related court cases, he asks?

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Practical steps for meeting the JCT’s collaboration requirement

Our latest alternative dispute resolution series article comes from Tracey Summerell of Dentons UK & Middle East LLP who looks at the collaborative working aspects of the new JCT 2024 Design and Build contract.

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Legislation state of play table 290

This table, prepared by Alignment Media, 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: Serial Adjudication

Serial adjudication refers to the practice whereby two or more disputes, potentially involving related issues, are referred successively to adjudication by the same parties under the same contract. Serial adjudications are not uncommon in the construction industry, where disputes can comprise numerous component parts (for example, a final account dispute that can be carved up into discrete elements).

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JCT 2024 ducks the difficult issues

JCT’s Design and Build contract has been updated for the first time in eight years. Guest Editor Barry Hembling of Watson Farley & Williams LLP asks whether the updates are keeping pace with fast moving developments in construction law?

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Legislation state of play table 289

This table, prepared by Alignment Media, 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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Report from the Courts: May 2024

Our latest Reports From the Courts series article comes from Andrew Croft, Ben Spannuth and Daniela Miklova of Beale & Company Solicitors LLP who look at a judgment confirming that, whilst a defect must be more than only aesthetic or inconvenient, the design intent of the property in question is relevant and that the measure of damages must reflect the likely outcome had the services been provided in a professional manner; and another that provides some clarification for parties seeking or responding to Building Liability Orders.

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Construction awaits clarity on energy investment

Is the UK making credible progress towards securing our energy supplies or is it, as researchers suggest, actually going backwards in terms of achieving commitments made only two years ago?

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“Worst client in the UK” issues revised terms and conditions

New, in-house terms and conditions of contract are to be used by Transport Scotland for the Tay Crossing to Ballinluig project, part of the much delayed £3.7 billion A9 Dualling programme. This might be good news, but given that the new terms and conditions are being issued by the alleged ‘worst client in the UK’ should any great hopes be raised just yet?

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