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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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The concept of time at large

The issue of time at large usually arises when an employer’s own actions prevent completion dates being achieved. Andrew Batty of Pinsent Masons spells out the implications for both employers and contractors.

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Public procurement challenges

Lindy Patterson QC of Dundas & Wilson examines how relatively recently introduced procedures for challenging public procurement processes are working. Challenges are becoming more frequent and even tenders which are under the EC threshold contract value are not immune.

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Project Bank Accounts

Project Bank Accounts are playing a key role in the government’s overhaul of construction procurement. Christopher Pedder of Pinsent Masons analyses the likely impact of their use. 

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