Magazine

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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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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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