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New and proposed legislation: State of play table 287

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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Legal terms explained: Provisional Sums

Although there is no universal definition of the term “provisional sum”, in the context of construction contracts, it generally refers to estimates contained in the employer’s requirements (or equivalent contractual document) for works which are anticipated but: (i) whose content is not sufficiently defined to give scope and price certainty at the time of contracting; and/or (ii) in relation to which the employer wishes to retain an option to instruct (or not).

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Delay without reasonable excuse and criminal liability

Guest Editors Chris Bryden and Bartholomew Scholefield of 4 King’s Bench Walk warn that post Grenfell Improvement Notices to replace cladding should not be ignored, otherwise financial and criminal consequences may follow. A rash of Improvement Notices and prosecutions for failure to comply may be expected.

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Calling-in bonds: a summary of the landscape in light of increasing insolvency risks

Theresa Mohammed, Jonathan Clarke and Dom Turner-Harriss of Watson, Farley & Williams LLP examine issues surrounding calling-in bonds against a background of rising insolvency in construction.

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Reports from the courts: Jan/Feb 2024

Our regular analysis of court decisions of most interest to construction comes from Andrew Croft, Ben Spannuth and Daniela Miklova of Beale & Company Solicitors LLP who look at a judgment highlighting the effect of an overriding reasonable skill and care clause in consultants’ contracts; and another which provides for the first time clarification of the territorial scope of adjudication where the Construction Act 1996 has lacked in definition.

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Construction Law Guide to: The NEC4 Suite of Contracts

The latest in our Construction Guides series comes from DLA Piper’s Jon Baker who looks at key features of the NEC4 contracts suite.

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Key case law changes in 2023 impacting construction

Joanna Higgins of Pinsent Masons looks back on the key developments of 2023 and forward to some important further developments expected during 2024. Some cases in 2023 have effectively changed the law after decades of different rules being applied.

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Scottish construction law review 2023

Shona Frame and Karan Kamath of CMS review the highlights of construction law in Scotland during 2023. Important developments were seen in areas including fire safety, and court rulings affecting prescription and limitation.

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Towards a model law for the adjudication of construction disputes

Barrister, arbitrator and adjudicator Karen Gough of 39 Essex Chambers chaired the drafting committee for the new Model Law for adjudication, which aims to represent the best of global current practice. She explains how the Model Law can spread the benefits of adjudication to jurisdictions that do not enjoy access to it already.

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The SIAC Rules, 7th Edition: Faster, Better, Cheaper?

Vijay Bange and Paul-Raphael Shehadeh of Duane Morris examine key provisions of the draft new edition of the Singapore International Arbitration Centre’s Rules. Do all the provisions advance the cause of greater efficiency, expedition and cost effectiveness, they ask?

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