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Spiking the guns of trigger-happy contractors

Barrister Nick Kaplan of 3 Paper Buildings analyses a Technology and Construction Court decision in the first case where it considered whether a contractor had validly exercised a right to terminate under a JCT contract. Permission to appeal has already been granted.

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Termination: fortune may favour the brave (and well-prepared)

Termination of contracts is on the rise, even though it is still regarded as a last resort, one that carries risks. Terminating parties should treat the process as a project in its own right, advise Angus Rankin, Mat Parente and Jess Webster of Vinson & Elkins.

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Assessing the Design and Build Risk

Our regular expert insurance market commentary from John D Wright of JD Risk Associates looks at the available design and build risk cover available. Expect greater information requirements from underwriters in the wake of Grenfell before cover is provided, he warns.

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Non-disclosure agreements in settlement: they are not all bad!

Our latest alternative dispute resolution series article looks at the use of non disclosure agreements when settlements are reached. Tracey Summerell of Dentons UK and Middle East LLP says they have their place but need to be carefully considered.

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Legal terms explained: Scott Schedules

A Scott Schedule is a type of document that was originally developed by George Alexander Scott, who was an Official Referee of the office of Official Referees which eventually became the Technology and Construction Court.

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Managing change control following the Building Safety Act 2022

Guest Editors Roddy Cormack and Katie Percy of Dentons UK and Middle East LLP warn that the new change control regime introduced under the Building Safety Act could make allocating and managing contractual risk significantly more challenging. Long underused digital tools might provide some help.

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Reports from the courts: March 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 report on a case that reminds parties to comply with contractual notification requirements/payment obligations to avoid prejudicing their right to adjudicate; and a First Tier Tribunal decision that underlines that it has discretion under s124 of the Building Safety Act to determine whether a Remediation Contribution Order would be just and equitable.

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Courts upholding planning permissions against judicial review applications

Judicial review applications have not been having a successful time in the courts recently, with several high profile attempts to halt infrastructure projects having been refused this year. Here we examine a Scottish decision confirming that courts will maintain a non interventionist approach once planning has been granted.

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Construction Law Guide to: the new building safety regime

Our latest CL Guide series article comes from Rachel Chaplin of DLA Piper who examines implications of the new building safety regime.

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