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Legal terms explained: Practical Completion

In a construction context, “practical completion” generally means the completion of works for all practical purposes, notwithstanding any latent defects or “trifling” patent defects (i.e. incomplete and/or defective work of a minor nature).

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Contractors demand abandonment of bespoke contract in favour of NEC

Scotland desperately needs the A9 to be dualled, but unless there is a firmer commitment to funding and a root and branch rethink of the type of contract to be used there could be trouble in capturing contractor interest. Construction Law examines the background to complaints over the use of allegedly outmoded bespoke contracts for procuring roads.

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Reports from the courts: July 2023

Our regular round up of the court cases of most interest to construction comes from Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP who look at a judgment providing clarification on the use of Part 8 proceedings to resist adjudication enforcement; and another judgment that shows the courts will look to the factual matrix when determining the existence of a common law duty of care.

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The FAC-1 Framework Alliance Contract: A Handbook by David Mosey

Nia Stewart and Genevieve Vaughan of Burges Salmon review the just published handbook written by David Mosey to be used alongside the FAC-1 Framework Alliance Contract, the ‘Gold Standard’ in framework contracting. They welcome the handbook as an invaluable tool to the contract’s use, and value the real life examples of it in practice.

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Construction Law Guide to Limitation

Jenny Harrison of DLA Piper presents the latest in our CL Guides series, explaining the principles of, and recent developments in, limitation.

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Jurisdiction clauses are no shield against adjudication

Phil Caton of Aaron & Partners considers the recent case of Motacus Construction Ltd v Paolo Castelli SpA and analyses whether you can adjudicate with a foreign jurisdiction clause.

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Loose drafting of ADR clauses creates pitfalls

Xavier Milne and Portia Cox of Herbert Smith Freehills LLP review a court decision that highlights the importance of careful drafting of alternative dispute resolution clauses. Beware of casually adopting ‘boilerplate’ clauses, they warn.

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Supreme Court spells out the limitations of nuisance

Georgia Whiting and Chris Bryden of 4 King’s Bench Walk report on a Supreme Court ruling on a major oil spill case that has implications on what the courts will regard as constituting a ‘continued nuisance’ in construction disputes where limitation is important.

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Collaborative contracting models – getting clients ready

Collaborative contracting has great potential to deliver benefits to both clients and their suppliers but, as Anne-Marie Friel of Pinsent Masons LLP argues, failing to approach it properly and making the appropriate investment of time and resources can result in poor outcomes.

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Expensive cover no belt and braces solution

Our insurance expert John D Wright examines how structural defects insurance works. Cover might not provide the ultimate peace of mind solution expected, he warns.

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