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Restructuring versus arbitral awards – will the debt survive?

Paul-Raphael Shehadeh of Duane Morris analyses a dispute that will be of great interest to insolvency and international arbitration practitioners, that highlights the benefits of a negotiated dispute settlement.

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Joint Names Clauses under scrutiny again

Our insurance expert John D Wright of JD Risk Associates examines Joint Names Clauses which have been in use for over 40 years and were hoped to result in less litigation, but the industry still struggles to gain the benefits and court analysis of clauses themselves is common.

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Conditions Precedent and Amendments to Contract

Cheryl Ferguson of Dentons UK and Middle East LLP looks at a Scottish case that provides a cautionary tale on acceptance of amendments that rob the contractor of alternative routes of recourse.

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Legal terms explained – Non-delegable duties

Where an employer engages an independent contractor to undertake work on its behalf, the employer will generally not be liable for any unauthorised torts committed by the independent contractor during the execution of its work.

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Retentions – time to say goodbye?

Guest Editors Jane Hughes and Isobel Moorhouse of Trowers & Hamlins LLP say that despite years of industry campaigning the end of retentions is not in sight. Minimum standards suggested by Build UK have not been taken up by the industry, which is split on the issue, and legislation would be needed to break the impasse.

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Legislation state of play table 288

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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Reports from the courts: April 2024

Our regular analyses of the 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 case that, among other things, provides guidance on the impartiality of adjudicators and the true construction of the bespoke payment terms agreed; and another that highlights the importance of commencing contractual negotiations early with a view to concluding them before commencing works.

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New building control changes have far reaching implications

Barry Hembling and Marcus Hensher of Watson Farley & Williams analyse changes introduced this month under the Building Safety Act that fundamentally reform building control, but have attracted little attention.

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Construction Law Guide to: Limitation on liability

Our latest Construction Law Guides series article from Claire Turnbull of DLA Piper looks at limitations on liability. Limitation clauses are interpreted strictly, so clear and unambiguous language should be used where a party seeks to limit liability for losses that would otherwise be recoverable.

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Payment notices and contract mechanisms: the latest lessons

Kim Simon-Robert and Vaila Hornsby of Dentons UK and Middle East LLP analyse the critical aspects of payment provisions within construction contracts with regard to the latest case law, which serves as a reminder for parties to comply diligently with both the contractual and statutory requirements governing payment.

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