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Reports from the courts: Jan/Feb 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 look at a judgment highlighting the effect of an overriding reasonable skill and care clause in consultants’ contracts; and another which provides for the first time clarification of the territorial scope of adjudication where the Construction Act 1996 has lacked in definition.

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Construction Law Guide to: The NEC4 Suite of Contracts

The latest in our Construction Guides series comes from DLA Piper’s Jon Baker who looks at key features of the NEC4 contracts suite.

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Key case law changes in 2023 impacting construction

Joanna Higgins of Pinsent Masons looks back on the key developments of 2023 and forward to some important further developments expected during 2024. Some cases in 2023 have effectively changed the law after decades of different rules being applied.

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Scottish construction law review 2023

Shona Frame and Karan Kamath of CMS review the highlights of construction law in Scotland during 2023. Important developments were seen in areas including fire safety, and court rulings affecting prescription and limitation.

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Towards a model law for the adjudication of construction disputes

Barrister, arbitrator and adjudicator Karen Gough of 39 Essex Chambers chaired the drafting committee for the new Model Law for adjudication, which aims to represent the best of global current practice. She explains how the Model Law can spread the benefits of adjudication to jurisdictions that do not enjoy access to it already.

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The SIAC Rules, 7th Edition: Faster, Better, Cheaper?

Vijay Bange and Paul-Raphael Shehadeh of Duane Morris examine key provisions of the draft new edition of the Singapore International Arbitration Centre’s Rules. Do all the provisions advance the cause of greater efficiency, expedition and cost effectiveness, they ask?

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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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