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A measure of success

In the latest in our alternative dispute resolution series Ed Freeman of Clyde & Co looks at the thorny issue of conditional fees in adjudication in the light of a recent case.

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Professional indemnity – pitfalls for the unwary

Insurance expert John D Wright of JD Risk Consultants highlights the plethora of exclusions that are commonly found in professional indemnity policies. Get professional advice on the implications, he urges.

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The scope of a consultant’s duty of care

Case law concerning the scope of a consultant’s duty of care and the use of expert evidence from parties that are no longer part of proceedings is examined by James Doe of Herbert Smith. Beware of consultants being able to escape liability for giving incorrect advice, he warns.

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Win the war, but don’t lose the battle

James Pratt of Pinsent Masons surveys the landscape of letters of intent and the ‘battle of the forms’. Three recent cases provide support for the view that the courts will find a contract where the facts allow.

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The Scheme for Construction Contracts

Fiona Rossetter of Dundas & Wilson examines why the changes to the Construction Act, due to come into force in October, are thought necessary, focusing on the proposed payment provisions changes.

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Part 36 – Where are we now?

Consultation by the Ministry of Justice has now ended on whether a controversial decision relating to Part 36 offers needs to be reversed. David Lloyd Jones of Gateley Wareing examines the debate.

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Challenges in Adjudication

Challenges to enforcement of adjudicator’s awards have been par for the course since the introduction of adjudication. The courts, however, remain reluctant to uphold such challenges, warn Shona Frame and Fritha Wheeler-Ozanne of MacRoberts.

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Supplemental provisions need a rewrite

Our contracts watchdog Michael Phipps, Principal of Thurston Consultants, welcomes the JCT Minor Works Building Contract’s promotion of collaborative approaches to projects. Mobilising the Contractor to the benefit of all parties won’t be easy though.

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Reports from the courts: May 2011

Professor Michael Furmston of Bristol University presents our regular round up of cases of most interest to construction including one relating to letters of release; and a spectacular example of a contract going wrong.

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Corporate Manslaughter – a refresher

In 2007 the Corporate Manslaughter and Corporate Homicide Act 2007 (the Act) was introduced, and it came into force in April 2008.

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