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Legal terms explained: Economic duress

Parties often complain that they were forced to agree unfavourable terms. Applying commercial pressure does not necessarily constitute economic duress. The previous view was that where economic duress had occurred, the consent of the innocent party to enter into the contract had been vitiated.

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Arbitrators are not employees

In our latest alternative dispute resolution series article, David Owen and Rebecca Podd of Clyde & Co examine a Supreme Court ruling allowing parties to arbitration freedom to ignore antidiscrimination legislation in the appointment of an arbitrator.

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Employers’ risk and insurance responsibility

Clients also have substantial potential liabilities when they enter into construction contracts. Insurance expert John D Wright of JD Risk Associates outlines what clients should think about when considering cover.

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Scoping your financial exposure

Anne-Marie Friel of Pinsent Masons urges taking great care when drafting, and reviewing, exclusion and limitation of liability clauses. Some recent relevant cases should put a chill in a contractor’s spine, she warns.

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The specialist contractor view

The specialist contractor’s view of the Construction Act is outlined by Marion Rich, Legal Affairs Director of the British Constructional Steelwork Association. The changes are welcomed, but reservations remain.

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Adjudication under the ‘new’ Construction Act

Vijay Bange of Trowers & Hamlins looks at the adjudication impact of the new Construction Act. Expect a period of uncertainty as the industry grapples with a transition from the old to the new provisions, he warns.

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City Inn v Shepherd lost at sea

Sean Brannigan QC and Elspeth Owens of 4 Pump Court argue that a Commercial Court ruling means an earlier decision of a Scottish court will not have the impact on English law that was originally suspected. The Scottish apportionment approach to concurrent delay has also been rejected.

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The Peak effect

In the first part of a two article series James Pickavance and Michael Mendelblat of Herbert Smith tackle two of the longest standing contentious issues in construction law, concurrency and the prevention principle.

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Interim certificate abuse tackled

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his inspection of the new JCT tracked change contracts. Abuses relating to failure to issue interim certificates will be less likely in future, he suggests.

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Reports from the courts: November 2011

Will Buckby of Beale & Co examines the latest court rulings of most interest to construction, including a dispute in the TCC which shows that the courts will uphold reasonable limitation periods provided for in contracts; and another which sets out principles governing the damages levels appropriate for defects in buildings.

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