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Using your initiative or frolicking

Guest editor William Cursham of Gateley says that adjudicators must be cautious when exercising their initiative, particularly on substantive points, as a recent flurry of cases leaves the situation uncertain.

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Legal terms explained: What is legal privilege?

Legal privilege is an essential component of the English legal system, ensuring that lawyers and clients can communicate freely, knowing that their interaction will not be admissible in legal proceedings.

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A rare sighting

In the latest of our alternative dispute resolution series Paul Morgan of Clyde & Co reports on a rare insight into the workings of arbitration provided by an unusual court case.

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What is an indemnity?

The concept of indemnity underlies property insurance policies and should be straightforward but often is not, as John D Wright of JD Risk Associates explains.

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Procurement strategies – a realistic review

There is a wide and still growing range of procurement methods in common use by the construction industry and its clients, says Professor Peter Hibberd of the Joint Contracts Tribunal. In this review he warns that the government’s Construction Strategy may have unexpected impacts.

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Recent cases on the rules of natural justice

Few challenges to the enforcement of adjudicators’ decisions succeed and the courts take a dim view of challenges based on technical defects, even where these exist. Ann Levin and Michael Mendelblat of Herbert Smith review recent cases involving appeals to natural justice.

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Putting limits on limitation

In this review of limitation Ruth Wilkinson of Dundas & Wilson warns that working out when a limitation period expires is seldom straightforward. A recent case now being appealed provides some guidance on how the courts view very short contractual limitation periods.

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LOGIC based oil and gas contracts

Hamish Lal of Jones Day examines the time bar clauses of some standard contracts in common use for marine construction. Those used to NEC3 and FIDIC forms will find significant differences.

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Concurrent delay and the prevention principle

The issue of concurrent delay has been brought to the fore by the Scottish case of City Inn v Shepherd Construction. Andrew Croft of Beale and Company analyses three recent English cases dealing with concurrent delay and the prevention principle.

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Change or pay the price

Contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his scrutiny of the JCT Standard Building Contract With Quantities 2011. Behaving in old, familiar ways will give rise to costly disputes, he warns.

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