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Legal terms explained: Serial Adjudication

Serial adjudication refers to the practice whereby two or more disputes, potentially involving related issues, are referred successively to adjudication by the same parties under the same contract. Serial adjudications are not uncommon in the construction industry, where disputes can comprise numerous component parts (for example, a final account dispute that can be carved up into discrete elements).

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JCT 2024 ducks the difficult issues

JCT’s Design and Build contract has been updated for the first time in eight years. Guest Editor Barry Hembling of Watson Farley & Williams LLP asks whether the updates are keeping pace with fast moving developments in construction law?

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Legislation state of play table 289

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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Report from the Courts: May 2024

Our latest Reports From the Courts series article comes from Andrew Croft, Ben Spannuth and Daniela Miklova of Beale & Company Solicitors LLP who look at a judgment confirming that, whilst a defect must be more than only aesthetic or inconvenient, the design intent of the property in question is relevant and that the measure of damages must reflect the likely outcome had the services been provided in a professional manner; and another that provides some clarification for parties seeking or responding to Building Liability Orders.

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Construction awaits clarity on energy investment

Is the UK making credible progress towards securing our energy supplies or is it, as researchers suggest, actually going backwards in terms of achieving commitments made only two years ago?

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“Worst client in the UK” issues revised terms and conditions

New, in-house terms and conditions of contract are to be used by Transport Scotland for the Tay Crossing to Ballinluig project, part of the much delayed £3.7 billion A9 Dualling programme. This might be good news, but given that the new terms and conditions are being issued by the alleged ‘worst client in the UK’ should any great hopes be raised just yet?

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Construction Law Guide to: Force Majeure, Frustration and Construction contracts

Our latest Construction Law Guides series article comes from Tom Manley of DLA Piper UK LLP who explains the legal principles behind Force Majeure clauses and their practical implications.

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The future of AI in resolving construction disputes

Andrew Drennan, and Niall Tutt, of Alvarez & Marsal Disputes and Investigations review the role of the construction expert in conjunction with the rising use of artificial intelligence (AI). Disputes might benefit from early analysis of delays, cost overruns and evidence-based mitigation made possible.

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Where there is a (living) will, there is a way

Isobel Moorhouse and Jane Hughes of Trowers & Hamlins LLP explain what a ‘Living Will’ is, and ask whether the concept be adapted by employers to apply to contractor insolvencies?

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Smash and grab adjudications – getting your money back

Doug Wass of Macfarlanes argues that the Construction Act has been working in so far as industry cash flow has been improved, but the principle that a payor must pay the payee the Notified Sum if the payor fails to issue a valid payment notice or pay less notice has given rise to some risks of injustice that the courts are still grappling with.

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