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State of play table: 164

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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A European contract law option

In July 2010, the European Commission published a Green Paper setting out a range of options for progress towards a European contract law. The purpose of the Paper was to address the growing concern of the Commission that the differences in member states’ contract laws created legal uncertainty and increased transactional costs.

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Construction disputes on the rise

Guest editor Mike Allen of EC Harris analyses the findings of his company’s recent report showing that disputes are rising globally. Failing to properly adminster the contract was the most common cause of disputes.

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Legal terms explained: Bonds and how they operate

Bonds and guarantees have been used in connection with construction work for centuries, but in the current economic circumstances they are becoming ever increasingly common as security on projects.

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Track to the future

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, welcomes the issue of new documents from the JCT which he says represent a big step forward in making standard contracts more plain and useful.

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Mediation – at home and abroad

In the latest in our series on alternative dispute resolution, Rachel Chaplin of Clyde & Co examines the EU Mediation Directive whose deadline for implementation has just passed.

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Insurance claims – know the rules

Insurance expert John D Wright of JD Risk Associates warns that if you want your claim settled amicably, it is useful to have a working knowledge of the rules and principles that govern insurance contracts.

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Pure economic loss

Can a contractor be held liable to an employer for economic loss on the basis of a negligent breach of a duty of care where the contractor is not liable under the contract? Shona Frame of MacRoberts analyses the sometimes conflicting evidence from the courts.

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Conditional fee agreements

Conditional fee agreements are so far rare in construction, although the Technology and Construction Court had an adjudication related case before it recently involving one. Jane Hughes and Michael Shaw of Collyer Bristow examine the future of their use.

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Banking on a bond?

Tia Starey of Clyde & Co examines what interpretation the courts put on guarantees and indemnities. Court interpretation of the commercial context can prove decisive.

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