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Lawyers remain uniquely privileged

A recent court decision signals that the ambit of legal advice privilege is being confined to the legal profession, at least for now. William Cursham of Gateley explains what is, and what is not, protected by privilege.

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Expect more specialist updates

Our contracts monitor Michael Furmston, Principal of Thurston Consultants, examines the newly released Named Specialist Update from the JCT. Some users may not think it worthwhile to purchase the updated standard form, he suggests.

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Reports from the courts: June 2012

Reviewing the recent court decisions of most interest to construction, Will Buckby and Andrew Croft of Beale and Company focus on one that restricts legal privilege to the legal profession; and another that warns developers about implied terms in off plan development contracts.

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State of play table 171

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 impact of the Budget on the construction industry

Disappointingly, there were few mentions for the construction industry in this year’s Budget despite its capacity as a sector to generate employment and regeneration.

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Insurers – victims or villains?

Many in the construction industry have tales to relate of sharp practice by insurers trying to wriggle off the hook of claims, but insurance expert John D Wright of JD Risk Associates argues that insurers are often more sinned against.

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Legal terms explained: Repudiation

The general remedy for breach of contract is damages. However, some breaches may be so fundamental as to entitle the innocent party to treat the contract as discharged, thereby relieving them from further performance of their obligations under the contract and entitling them to claim damages.

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Risk financing and management

Insurance expert John D Wright of JD Risk Associates says risk management is no longer the new kid on the block but has evolved to become a key management tool. The insurance market has responded.

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Insurance policies not fit for purpose?

Fitness for purpose warranties often do not provide the cover that parties imagine they do, warns Peter Stockill of Berrymans Lace Mawer in this review of the relevant features common to most insurance policies.

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FIDIC provision might be no alternative

For disputes under a main contract and back-to-back sub-contract to be heard in a single arbitration, the parties still need to be party to the same arbitration agreement after the new ICC 2012 Rules. Estelle Katsimani and Michael Mendelblat of Herbert Smith ask if a new provision in FIDIC’s subcontract offers any relief.

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