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Reports from the courts: June 2024

Our regular round up of the court cases of most interest to construction comes from Andrew Croft, Ben Spannuth and Daniela Miklova of Beale & Company Solicitors LLP, who look at a judgment that serves as a reminder that the relevant provision must form part of a party’s standard written terms for the Unfair Contract Terms Act to apply; and one highlighting that parties should ensure they understand the wording and effect of their contractual provisions before contracting with another party.

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Avoiding investor pitfalls in complex construction financing arrangements

Construction constantly becomes more complex, in engineering and organisation and legal aspects. Lawrence Winsor, Counsel, of Vinson & Elkins’ Houston office, says project financing is increasing in complexity as well. Some simple tactics can help avoid pitfalls and disputes.

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Construction Law Guide to: Insuring a Construction Project

The latest in our Guides to Construction Law series comes from Jessica Tierney of DLA Piper who looks at the key types of insurance cover widely used in the industry.

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Risks and opportunities of ECI and NEC option X22

Early contractor involvement is a growing trend as clients take on board the message that it can lead to better project outcomes. It demands more proactive management however, as Anne-Marie Friel and Sam Roberts of Pinsent Masons LLP stress in this examination of NEC’s Option X22 which provides a mechanism for managing early engagement of contractors.

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Step Forward Step in Rights?

Alex White and Jane Hughes of Trowers & Hamlins LLP describe the benefits and disadvantages of exercising step in rights. which are exercised only rarely despite the expense incurred in negotiating them. But parties, particularly funders, insist on having them.

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Has your Final Payment Notice become Conclusive?

Stephanie Geesink, Counsel, and Dom Turner-Harriss of Watson Farley & Williams LLP examine a case that provides guidance on when a Final Payment notice can be challenged. The judgment is vital case law, they argue.

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Alliancing to solve antagonism in public procurement – An Italian perspective

Professor Sara Valaguzza of the University of Milan provides an Italian perspective on what seems to be a worldwide drive towards more collaborative ways of working on construction and engineering projects. In this first part of a two part article, she argues that public contracting authorities and private parties often behave as if they were adversaries from the start, so the construction phase is constantly at risk of becoming a disputes battleground.

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Policy Drafting – an underrated skill

Our insurance expert John D Wright of JD Risk Associates warns against failing to pay attention to the drafting of policies. Could leaving it to juniors, as has often been the case, explain the sheer volume of insurance related court cases, he asks?

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Practical steps for meeting the JCT’s collaboration requirement

Our latest alternative dispute resolution series article comes from Tracey Summerell of Dentons UK & Middle East LLP who looks at the collaborative working aspects of the new JCT 2024 Design and Build contract.

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Legislation state of play table 290

This table, prepared by Alignment Media, 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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