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Appeal court decision shows risks of bespoke contract terms

Cheryl Ferguson of Dentons UK and Middle East LLP provides a round up of recent decisions relating to adjudication. Among the conclusions to be reached is that there are very few circumstances in which an adjudication decision will not be enforced.

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Damage by Ground Movement

Insurance expert John D Wright of JD Risk Associates examines the issues surrounding damage to property caused by ground movement. Changing insurers can create problems he warns, as the effects of subsidence can continue over long periods.

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Boosting the appeal of London as a leading dispute resolution centre

Tracey Summerell and Akin Akinbode of Dentons UK and Middle East LLP examine the Arbitration Bill which they say strikes a careful balance between reform and maintaining the Act’s reliable status quo.

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New and proposed legislation: State of play table 283

This table, prepared by Barrett Byrd Associates, 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: Expert evidence in construction disputes

Given their highly technical and complex nature, construction disputes very often involve expert evidence. In some cases, the outcome of a dispute will turn in large part on the expert evidence presented in the proceedings.

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Contractor Insolvency and the potential impact on a construction project

Guest Editor Karen Morean of Devonshires says insolvent contractors rarely survive, whichever type of insolvency procedure is adopted. Things could get worse, and she warns that suppliers might demand larger up front payments and offer short payment terms to reduce the impact of main contractor insolvency.

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Reports from the Courts: August/September 2023

Our latest round up of the cases of most interest to construction from Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP includes a judgment providing a rare example of the circumstances in which the courts may be minded to order a stay of execution; and another that provides a reminder of the importance of clear contractual drafting.

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Efficient project management an elusive quality

HS2 is never out of the news for long, having been subject to a long series of delays, cuts, redesigns and reductions in scope, and critical reports from various overseers of public spending. July saw two reports that have added to the criticism but done little to inspire confidence that anything will improve soon.

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Construction Law Guide to: Claims for time, loss and expense

Our latest Construction Law Guides series article comes from Abigail Holmes of DLA Piper who explains the complexities surrounding claims for time, loss and expense.

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The Construction Playbook and effective contracting: moving the dial from vision to reality

Andrew Croft of Beale & Co, and Anna Kettle and Helen Field of Atkins warn that contracts are becoming more onerous and being used increasingly to shift risk, which does not deliver best value or best solutions. A new approach to contracting is demanded, which the government’s Construction Playbook points towards.

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