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Don’t blame JCT for contract size

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, argues that not all problems with using JCT contracts in the real world stem from the forms themselves; legislation is often at the root of problems. Reading and understanding them properly would also make life easier.

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Reports from the courts: June 2011

Our round up of the cases of most interest to construction from Professor Michael Furmston of Bristol University focuses on a case that turned on the wording of an option to buy a development property; and an appeal court ruling upholding an earlier decision relating to contractor insolvency.

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Government announcement on reform of civil litigation costs

The government had been concerned about the increasing legal costs of litigation and the backlog of cases in the courts. Lord Jackson prepared a report into the main causes and how they could be addressed. The Jackson Report was published in 2010.

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State of play table: 161

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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Cover pricing in the construction industry

In the wake of the successful appeals against the level of fi nes imposed by the Office of Fair Trading for cover pricing, Guest Editor Simon Delves of Beale & Co argues that contractors might still have to adapt their mindsets to avoid future trouble.

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Legal terms explained: Expert evidence, the basics

Expert witnesses have an important role to play in dispute resolution. All the more so in construction disputes, where the disputed issues which will determine liability are often decided on the basis of expert opinion.

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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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