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Adjudication: Does size and/or complexity matter?

Patrick Heneghan of 3PB Barristers asks whether Parliament intended adjudication to used in large or complex disputes. Can challenges based on claiming that the dispute is too large or complex succeed?

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The problem with RAAC: comparing liabilities, claims and remedies in Scotland and England

Julie Scott-Gilroy of Morton Fraser MacRoberts LLP explains differences between how liabilities and claims and remedies relating to the use of RAAC differ between Scots law and the rest of the UK. A key difference is the time during which claims can be made.

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The reincarnation of time-barred claims

Stephanie Geesink, Counsel, and Dom Turner-Harriss of Watson Farley & Williams LLP analyse a Court of Appeal judgment that sets out how the courts will approach fire safety claims under the Defective Premises Act following the introduction of the extended limitation period in the Building Safety Act.

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Client pressures for speed can raise issues for lawyers

Sarah Fitzpatrick and Carina Wentzel of Norton Rose Fulbright describe the pressures lawyers can find themselves under when clients press for speed in securing planning approvals. Speed might however introduce commercial and legal risks, they warn.

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Flood damage – an ongoing problem for insurers

Our insurance expert John D Wright of JD Risk Associates analyses the insurance aspects of flood damage. The future looks tricky for insurers and policyholders alike, he warns, as the frequency of flood events rises.

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Wearing your professional mantle in negotiations (for the greater good)

In our latest ADR series article Tracey Summerell of Dentons UK & Middle East LLP stresses the importance of proper behaviour during negotiations; poor behaviour could indicate unhealthy stress levels.

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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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