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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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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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