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Bonds in action

Recession has produced an increase in the number of disputes centred on bonds reaching the courts. Fiona Rossetter of Dundas & Wilson analyses the implications of recent key court decisions.

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Progress cannot be implied

Recent case law might have buried once and for all the notion that a requirement to proceed regularly and diligently is implied in construction contracts, say Ruth van Dreumel and Andrew Outram of Wragge & Co.

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Adjudicators’ decisions and natural justice

The courts have made several important rulings recently, raising issues about how adjudicators can go about making their decisions. Gurbinder Grewal of SNR Denton reviews these cases and some earlier decisions concerning natural justice.

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User-centred contracts needed

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his review of the JCT’s Standard Building Contract with Quantities 2011. Some changes are not quite what the document’s layout make them seem, he warns.

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Reports from the courts: April 2012

Our regular round up of the court decisions of most interest to construction, from Will Buckby and Andrew Croft of Beale and Company, includes one providing advice to adjudicators on avoiding accusations of apparent bias and one where a lawyer was sued by its client.

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State of play table 169

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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A new year, a new consultation on Building Regulations

The Minister with responsibility for Building Regulations, Andrew Stunell, recently announced the launch of the 2012 consultation on proposed changes to the Building Regulations. This follows on from the 2010 consultation on ways to improve the Building Regulations.

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Is BIM the way forward?

Guest editor Shona Frame of MacRoberts examines some legal issues thrown up by the government led push towards the use of Building Information Modelling. It is not a panacea and has already given rise to disputes in the United States.

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Legal terms explained: The basics of global claims

Global claims are commonly regarded as very difficult, if not impossible, claims to put forward. It is therefore important to understand what are such claims and how they can be presented.

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Planned early negotiation processes

Tia Starey of Clyde & Co explains a new feature on the alternative dispute resolution landscape that has been growing in popularity in the United States. PEN processes have the potential to displace the use of the expensive Pre-Action Protocol, she argues.

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