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State of play table: 160

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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Corporate manslaughter – some questions

The first corporate manslaughter case has now been through the courts, but, as Guest Editor Craig Turnbull of MacRoberts says, the case posed more questions than it answered.

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Legal terms explained: Reasonable endeavours and the recent CPC v Qatari Diar case

Obligations to use ‘reasonable endeavours’ and variations on the theme are often included in construction agreements. As these phrases are usually undefined there is scope for interpretation. Questions that have arisen before the courts include the difference between ‘reasonable endeavours’ and ‘best endeavours’.

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When is a guarantee on demand?

A recent decision of the Chancery Courts brings into focus the law regarding the nature of guarantees, emphasising the circumstances in which the courts will consider a guarantee to be on demand, report Vijay Bange and Steve Nichol of Trowers & Hamlins.

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Directive boost for ADR

In the latest in our series on ADR Maria Kallitsantsi of Clyde & Co examines new measures that will come into force in April under the European Union Mediation Directive.

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Collateral warranties – here to stay?

Insurance expert John D Wright of JD Risk Associates examines collateral warranties in the light of a recent decision in the Scottish courts. Take care with drafting to ensure that the warranty’s wording is what it needs to be, he warns.

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Localism Bill 2010-11 – a review

Charlotte Davey and Rachel Chaplin of Clyde & Co analyse the government’s proposed Localism strategy which intends to change the way major projects are planned. Among the changes are the scrapping of the Infrastructure Planning Commission.

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Limits to delegation

The question of whether and in what circumstances a professional consultant may delegate his duties to a specialist is an area particularly dependent upon the facts of the case in question, says Joanna Dennis of Pinsent Masons. A recent case provides useful guidance.

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Contract cost increases implied

The Privy Council has adopted a broadened approach to implied terms as Mark Grasso and Ann Levin of Herbert Smith report in this consideration of the uncertainties created for construction contracts. Costs will increase, they predict.

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Without prejudice scope curtailed

Amira Khan, a solicitor in the construction team at HBJ Gateley Wareing, examines what will not be covered by the without prejudice rule in the light of a recent Supreme Court ruling.

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