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Clarity but not closure from landmark Supreme Court decision

Barry Hembling of Watson Farley & Williams LLP reports on a landmark supreme court ruling that provided the first strong guidance on what constitutes a construction contract for adjudication purposes. Unresolved issues might generate satellite litigation, he warns.

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The DPA 1972 landscape post Vainker v Marbank Construction

Georgia Whiting and Gabriela Trinanes of Ardmore examine a case that they find provides essential reading for those grappling with a range of issues thrown up by the extended limitation periods pursuant to the Building Safety Act 2022. Uncertainty remains over the scope and extent of extended liability under the Defective Premises Act 1972, they warn.

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Technology in construction disputes – managing data and proving claims

Chiara Pieri and Zosia Zakrzewska of CMS update an article on Technology in Construction Disputes – Managing Data and Proving Claims (CL Vol 33 No 7), analysing the impact of AI, improved construction data management technology and new legal tech tools on construction disputes.

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The Heart of the Building Safety Act 2022: Leaseholder Protection

Chris Bryden and Daniella Adeluwoye of 4 King’s Bench Walk explain the impact of a decision from the First-tier Tribunal confirming that there is a discretion rather than an obligation to make a Remediation Order where the relevant criteria are made out, potentially making it harder for applicants to succeed in obtaining such orders. This is a new and developing area of law however, so watch this space.

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Causation – Friend or Foe

Insurance expert John D Wright explains how the courts view the principles of construction and causation relating to disputes that come before them. Policy holders have often been caught out by nuances of wording in the past, but the courts have recently shown a more flexible approach.

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Adjudication and collateral warranties

In our latest Alternative Dispute Resolution series article Kirsti Olson of Dentons UK and Middle East LLP considers the implications for ADR arising from a landmark Supreme Court decision.

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Legislation state of play table 292

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 – Constructive Acceleraton

Constructive acceleration often refers to a situation where the contract administrator (or equivalent) fails to award an extension of time (“EOT”) to which the contractor is entitled, and the contractor is compelled to accelerate the works to meet the original completion date, essentially to avoid liability for liquidated damages.

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How should lawyers articulate the odds of success?

Guest Editor Paul-Raphael Shehadeh of Duane Morris draws on the work of a CIA analyst to examine how sure lawyers might be when they advise clients of the chances of success in legal actions. They could be likely to be right probably some of the time!

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Reports from the courts: July 2024

Our latest Reports from the Courts on the cases of most interest to construction comes from Andrew Croft, Ben Spannuth and Daniela Miklova of Beale & Company Solicitors LLP who find in one an important reminder to parties settling litigation by way of Tomlin orders to ensure that the provisions are carefully drafted to prevent future claims arising in connection with the same contract or the dispute; and another that is the first decision to consider a Remediation Order (RO) application where a Grant Funding Agreement and contract for remediation works exists.

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