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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Time for a radical rethink of DR processes: grasp the AI nettle

In our latest Alternative Dispute Resolution series article Tracey Summerell of Dentons UK and Middle East LLP looks at how Artificial Intelligence might impact upon dispute resolution.

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Legal terms explained: Defects Liability Period

A ‘defects liability period’ (‘DLP’) typically refers to a contractually agreed period following practical completion during which the contractor remains liable for repairing or replacing defective work. The term DLP is often used interchangeably with the term ‘defects rectification period’.

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New and proposed legislation: State of play table 281

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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Challenging a Company Voluntary Arrangement

Guest Editors Karen Morean and William O’Brien of Devonshires draw on their own experience of a recent case to show that a Company Voluntary Arrangement can be successfully challenged.

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