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Construction Law Guide to: Force Majeure, Frustration and Construction contracts

Our latest Construction Law Guides series article comes from Tom Manley of DLA Piper UK LLP who explains the legal principles behind Force Majeure clauses and their practical implications.

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The future of AI in resolving construction disputes

Andrew Drennan, and Niall Tutt, of Alvarez & Marsal Disputes and Investigations review the role of the construction expert in conjunction with the rising use of artificial intelligence (AI). Disputes might benefit from early analysis of delays, cost overruns and evidence-based mitigation made possible.

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Where there is a (living) will, there is a way

Isobel Moorhouse and Jane Hughes of Trowers & Hamlins LLP explain what a ‘Living Will’ is, and ask whether the concept be adapted by employers to apply to contractor insolvencies?

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Smash and grab adjudications – getting your money back

Doug Wass of Macfarlanes argues that the Construction Act has been working in so far as industry cash flow has been improved, but the principle that a payor must pay the payee the Notified Sum if the payor fails to issue a valid payment notice or pay less notice has given rise to some risks of injustice that the courts are still grappling with.

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Restructuring versus arbitral awards – will the debt survive?

Paul-Raphael Shehadeh of Duane Morris analyses a dispute that will be of great interest to insolvency and international arbitration practitioners, that highlights the benefits of a negotiated dispute settlement.

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Joint Names Clauses under scrutiny again

Our insurance expert John D Wright of JD Risk Associates examines Joint Names Clauses which have been in use for over 40 years and were hoped to result in less litigation, but the industry still struggles to gain the benefits and court analysis of clauses themselves is common.

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Conditions Precedent and Amendments to Contract

Cheryl Ferguson of Dentons UK and Middle East LLP looks at a Scottish case that provides a cautionary tale on acceptance of amendments that rob the contractor of alternative routes of recourse.

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Legal terms explained – Non-delegable duties

Where an employer engages an independent contractor to undertake work on its behalf, the employer will generally not be liable for any unauthorised torts committed by the independent contractor during the execution of its work.

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Retentions – time to say goodbye?

Guest Editors Jane Hughes and Isobel Moorhouse of Trowers & Hamlins LLP say that despite years of industry campaigning the end of retentions is not in sight. Minimum standards suggested by Build UK have not been taken up by the industry, which is split on the issue, and legislation would be needed to break the impasse.

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Legislation state of play table 288

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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