State of play table: 165

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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Changes to the payment process

Part 8 of the Local Democracy, Economic Development and Construction Act 2009 (LDEDCA 2009), which came into force on 1 October 2011 in England and Wales and 1 November 2011 in Scotland, makes changes to the payment process in construction contracts under Pt II of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996).

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What is ‘success’ for a construction project?

Guest editor Professor Peter Hibberd, Chairman of the Joint Contracts Tribunal, asks what is meant when measuring the ‘success’ of a project, and questions the role of the procurement route in delivering it.

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Legal terms explained: Mediation in practice

Mediation is probably the most common form of Alternative Dispute Resolution (ADR) used. It is a voluntary facilitated negotiation where an independent third party helps parties to reach agreement on a confidential and without prejudice basis.

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Europe keen on ADR

In our latest alternative dispute resolution series of articles, Alexander Whyatt of Clyde & Co examines a European Parliament draft publication on ADR. The Parliament is clearly keen to see its use expand.

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Insuring the professional risks of surveyors

Insurance expert John D Wright of JD Risk Associates reviews the problems faced by surveyors in particular in their dealings with the insurance market. Claims rise alarmingly when recession hits the property market, he observes.

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The trouble with weather …

David Bordoli of Driver reviews the NEC3 provisions for weather compensation events. Not only is there still misunderstanding of what triggers a compensation event, but the official guidance is misleading.

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Honesty is the best policy

Outright lying and deliberate misrepresentation to win work are obviously not to be recommended, but Alison Groat of Pinsent Masons urges close attention to ensuring that honesty and openness are touchstones throughout contractual relationships.

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Duty of care uncertainty persists

Simon Henderson and Laura Crowley of 4 Pump Court review the landscape on builders’ concurrent duties in contract and tort in the wake of a recent appeal court ruling. Uncertainty still rules, they argue.

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Professional liability update

In this review of recent case law Shona Frame of MacRoberts sees signs of an increasing trend to target professionals as well as contractors when projects go wrong.

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