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Getting to the CRUX of project disputes and overruns

Guest Editors Charles Wilsoncroft and Helen Collie of risk mitigation and dispute resolution consultancy HKA explain the thinking behind their company’s research into the causes of project disputes and overruns. The programme, called CRUX, is based on expert diagnosis of claims and disputes.

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Reports from the courts: December 2023

Our regular round up of the court cases of most interest to construction comes from Andrew Croft, Ben Spannuth and Daniela Miklova of Beale & Company Solicitors LLP who report on a decision that serves as a useful reminder that the right to adjudication only extends to ‘construction contracts’ as defined in legislation; and one which, although not a construction dispute, reinforces the courts’ approach to exclusion clauses.

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Public sector investment shortfalls reaching crisis proportions

Editor Nick Barrett looks at what has been a period of unusually heavy criticism of the government and its investment performance in crucial areas of transport, schools and hospitals. Few signs of hope are given that things might change for the better soon.

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Construction Law Guide to: CIS and the VAT Reverse Charge

This guide covers the VAT reverse charge on construction services, a change to tax legislation affecting the construction industry which came into force in March 2021, as well as recapping on one of the most important pieces of existing construction tax legislation, the Construction Industry Scheme (“CIS”)

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Verifying the Gold Standard of Construction Procurement

Professor David Mosey CBE, Centre of Construction Law & Dispute Resolution, King’s College London, explains the newly launched Gold Standard verification scheme for frameworks and alliances, the aim of which is to improve value, reduce risk and achieve net zero on projects.

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Building a case by extrapolation – should failure be the default?

Thomas King of Pinsent Masons LLP analyses recent case law with implications for the process of sampling and extrapolation which allows cost effective ways of dealing with complex claims. Presenting and proving a case before a tribunal on the basis of a sample should not be seen as novel, suspicious, or as requiring a special elevated standard of proof, he argues.

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Safe as (qualifying tenants’) houses? Leaseholder protection under the BSA 2022

Building safety has had a high profile since the Grenfell tragedy and the introduction of the Building Safety Act, but some provisions in the Act relating to leasehold buildings have been relatively overlooked. Georgia Whiting of Ardmore Construction and Chris Bryden of 4 KBW examine the case law relating to remediation costs and leaseholder contributions under the Act.

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Security for costs: a lottery or an established well-honed process?

In a climate where the financial position of parties to construction litigation is increasingly precarious, Karen Gough of 39 Essex Chambers revisits the principles upon which security for costs may be granted by the Court.

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AI’s value in Dispute Resolution is growing – but keep your human brain engaged

In our latest Alternative Dispute Resolution series article Tracey Summerell and Aileen Banks of Dentons UK and Middle East LLP welcome the use of artificial intelligence in the law, but caution against blind over reliance.

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New and proposed legislation: State of play table 285

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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