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Avoiding unintentional pitfalls

Disputes over letters of intent are as common as ever but, argue Will Buckby and Andrew Croft of Beale and Company, they can easily be avoided, or at least used with greater care.

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Asbestosis liability clarified

Employers’ liability insurance is in the news again and for the wrong reasons, says insurance expert John D Wright of JD Risk Associates, explaining the background to a recent Supreme Court ruling that clarifies asbestosis liability.

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Brighter later for smaller firms?

Small and medium sized firms are supposed to be main drivers of the UK’s economic growth, but public procurement processes often seem to freeze them out. Will Cooper of Clyde & Co reviews the prospects for change.

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When is a mistake a mistake?

Standing by silently and watching a party to a contract make a mistake might not work to your benefit, warns William Cursham of Gateley in this report on a case where one party escaped punishment despite its casual approach to the terms it agreed to.

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Legal terms explained: Global claims

A global claim is one in which the causal connection between the matters complained of, and their consequences, are not fully detailed. Essentially, the contractor puts forward a collection of events which represent breaches by the employer, or events for which the employer is responsible, and asserts that these events together caused it loss.

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Court advocated mediation

In our latest alternative dispute resolution series article Alexander Whyatt of Clyde & Co reports on an appeal court ruling that sheds light on the level of judicial support to be expected for the new mandatory recommendation mediation scheme (CAMS).

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State of play table 173

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 draft Energy Bill 2012

In December 2010 the Department of Environment and Climate Control (DECC) published the Electricity Market Reform White Paper.

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Performance bonds – beware!

Guest editor Kim Teichmann of Thomas Eggar reviews a case that underlines the need to procure contract documents such as bonds, guarantees, consents and drawings if liability due to breach of contract or negligence is to be avoided.

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Reports from the courts

In our latest round up of the court decisions of most interest to construction Andrew Croft and Will Buckby of Beale and Company focus on a case that could cause a rise in jurisdictional challenges to adjudicators’ decisions; and one that shines light on ‘good faith’ obligations in contracts.

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