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Care needed with indemnity clauses

For any lawyer operating in the construction or PFI fields, relying on indemnity clauses is the current trend. Lindy Patterson of Dundas & Wilson looks at what constitutes an indemnity clause, how it operates and the key points to look out for when drafting these clauses.

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Bribery Act 2010: key issues

The Bribery Act 2010 came into force on 1 July 2011. Neil McInnes of Pinsent Masons analyses the implications of the Act in the light of the recently issued government Guidance on Adequate Procedures.

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Reports from the courts: August 2011

Our regular round up of the court decisions of most interest to construction, from Will Buckby and Sabrina Ashoor of Beale and Company, includes a case highlighting whether an arbitration agreement can be entered into after substantial completion of the works.

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State of play table: 163

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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Everything in writing, always and forever?

Guest editor James Bowling of 4 Pump Court says the proposal to allow adjudication when contracts are not in writing does not look like becoming law anytime soon. But the current interpretation of the Construction Act relating to this is a blemish that needs to be swept away.

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Legal terms explained: Without prejudice – the basics

Whether or not Donald Rumsfeld was right when he said ‘with the press, there is no “off the record”’, in civil proceedings the concept of ‘without prejudice privilege’ is well-established.

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A Cautionary Tale

Rachel Chapin of Clyde & Co reports in the latest in our Alternative Dispute Resolution series on an appeal court case where mediation was once again endorsed as the preferred way to settle disputes.

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Concurrent liability – the reliance factor

Insurance expert John D Wright of JD Risk Associates analyses the issues surrounding concurrent liability, in particular the ‘reliance factor’. Court decisions have not settled the insurance related issues, he warns.

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Hired guns bite the dust?

Following a Supreme Court ruling expert witnesses are no longer immune from suit in relation to the evidence that they give in court. Ian Cocking of Clyde & Co says there may be unintended consequences as well as particular problems for jointly instructed experts.

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