Magazine

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The Ins and Outs of Contract Works Insurance

Our insurance expert John D Wright of JD Risk Associates examines issues arising from Contracts Works Insurance policies. Not all contingencies are covered, he warns, despite policies being described as “all risks”.

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Turbulent times call for increased focus on dispute avoidance

In our latest Alternative Dispute Resolution series article Aileen Banks and Tracey Summerell of Dentons UK and Middle East LLP suggest some timely measures to take to avoid disputes arising.

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New and proposed legislation: State of play table 286

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: Hot tubbing

“Hot-tubbing” is another term for “concurrent expert evidence”. It refers to a dispute resolution procedure in which both parties’ experts give their evidence together at a hearing or trial, with questions being posed to the experts at the same time by the judge or arbitrator(s).

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Getting to the CRUX of project disputes and overruns

Guest Editors Charles Wilsoncroft and Helen Collie of risk mitigation and dispute resolution consultancy HKA explain the thinking behind their company’s research into the causes of project disputes and overruns. The programme, called CRUX, is based on expert diagnosis of claims and disputes.

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Reports from the courts: December 2023

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 report on a decision that serves as a useful reminder that the right to adjudication only extends to ‘construction contracts’ as defined in legislation; and one which, although not a construction dispute, reinforces the courts’ approach to exclusion clauses.

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Public sector investment shortfalls reaching crisis proportions

Editor Nick Barrett looks at what has been a period of unusually heavy criticism of the government and its investment performance in crucial areas of transport, schools and hospitals. Few signs of hope are given that things might change for the better soon.

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Construction Law Guide to: CIS and the VAT Reverse Charge

This guide covers the VAT reverse charge on construction services, a change to tax legislation affecting the construction industry which came into force in March 2021, as well as recapping on one of the most important pieces of existing construction tax legislation, the Construction Industry Scheme (“CIS”)

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Verifying the Gold Standard of Construction Procurement

Professor David Mosey CBE, Centre of Construction Law & Dispute Resolution, King’s College London, explains the newly launched Gold Standard verification scheme for frameworks and alliances, the aim of which is to improve value, reduce risk and achieve net zero on projects.

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Building a case by extrapolation – should failure be the default?

Thomas King of Pinsent Masons LLP analyses recent case law with implications for the process of sampling and extrapolation which allows cost effective ways of dealing with complex claims. Presenting and proving a case before a tribunal on the basis of a sample should not be seen as novel, suspicious, or as requiring a special elevated standard of proof, he argues.

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