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Limits to delegation

The question of whether and in what circumstances a professional consultant may delegate his duties to a specialist is an area particularly dependent upon the facts of the case in question, says Joanna Dennis of Pinsent Masons. A recent case provides useful guidance.

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Contract cost increases implied

The Privy Council has adopted a broadened approach to implied terms as Mark Grasso and Ann Levin of Herbert Smith report in this consideration of the uncertainties created for construction contracts. Costs will increase, they predict.

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Without prejudice scope curtailed

Amira Khan, a solicitor in the construction team at HBJ Gateley Wareing, examines what will not be covered by the without prejudice rule in the light of a recent Supreme Court ruling.

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Need to get the numbering right

Our contracts watchdog Michael Phipps, Principal of Thurston Consultants, continues his comparison of the JCT’s Standard Building and Minor Works contracts. Proper numbering would remove much potential for confusion, he argues.

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Reports from the courts: April 2011

Professor Michael Furmston of Bristol University rounds up the court decisions of most interest to construction, including the first appeal court ruling involving a letter of intent.

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New government, new priorities?

In 2010 a number of key pieces of legislation was either passed or unveiled with the aim of them coming into force in 2011. However over three months into 2011, and it seems that these pieces of legislation just seem to be suffering delay after delay.

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State of play table: 159

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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‘Let it snow, let it snow, let it snow…’

Severe weather could be more of a feature in the UK than in the recent past if the gloomier climate forecasts are correct. If so, Guest Editor Louise Shiels of Dundas & Wilson advises keeping a weather eye on contracts.

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Legal terms explained: Defects Liability Periods – how they work

Defects Liability Periods or ‘Rectification’ provisions allow a contractor to return to site to remedy defects arising in the works for a certain period after practical completion, typically 12 months.

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When is appointing an arbitrator discriminatory?

David Owens and David Prior of Clyde & Co with the latest in our alternative dispute resolution series. Care needs to be taken in selecting an arbitrator to avoid accidental discrimination.

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