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Risks and opportunities of ECI and NEC option X22

Early contractor involvement is a growing trend as clients take on board the message that it can lead to better project outcomes. It demands more proactive management however, as Anne-Marie Friel and Sam Roberts of Pinsent Masons LLP stress in this examination of NEC’s Option X22 which provides a mechanism for managing early engagement of contractors.

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Step Forward Step in Rights?

Alex White and Jane Hughes of Trowers & Hamlins LLP describe the benefits and disadvantages of exercising step in rights. which are exercised only rarely despite the expense incurred in negotiating them. But parties, particularly funders, insist on having them.

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Has your Final Payment Notice become Conclusive?

Stephanie Geesink, Counsel, and Dom Turner-Harriss of Watson Farley & Williams LLP examine a case that provides guidance on when a Final Payment notice can be challenged. The judgment is vital case law, they argue.

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Alliancing to solve antagonism in public procurement – An Italian perspective

Professor Sara Valaguzza of the University of Milan provides an Italian perspective on what seems to be a worldwide drive towards more collaborative ways of working on construction and engineering projects. In this first part of a two part article, she argues that public contracting authorities and private parties often behave as if they were adversaries from the start, so the construction phase is constantly at risk of becoming a disputes battleground.

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Policy Drafting – an underrated skill

Our insurance expert John D Wright of JD Risk Associates warns against failing to pay attention to the drafting of policies. Could leaving it to juniors, as has often been the case, explain the sheer volume of insurance related court cases, he asks?

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Practical steps for meeting the JCT’s collaboration requirement

Our latest alternative dispute resolution series article comes from Tracey Summerell of Dentons UK & Middle East LLP who looks at the collaborative working aspects of the new JCT 2024 Design and Build contract.

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Legislation state of play table 290

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: 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.

This story is only available to subscribers to the printed edition of Construction Law. If you have a subscription please log in to read the rest of the story.

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