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Turbo-charging early contractor involvement 

Professor David Mosey CBE of the Centre of Construction Law & Dispute Resolution King’s College London asks why the take up of Early Contractor involvement has been so dilatory. He suggests ways of turbo-charging its take up following the Construction Leadership Council’s report that it would improve efficiency of design and the design process. 

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Survey sees growth in international arbitration

Vijay Bange and Ed Keating of Duane Morris discusses the findings of an energy disputes focussed survey that found international arbitration to be the preferred method of dispute resolution for international projects.

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Keeping proceedings just and fair 

Of Counsel Stephanie Geesink and Emma Thompson and Dominic Turner-Harriss of Watson Farley & Williams LLP examine a recent judgment that supports the argument that once a privileged document is disclosed, any privilege attached is waived. The court was motivated to keep the proceedings just and fair between the parties, they conclude.

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Recovery from other sources 

Insurance expert John D Wright of JD Risk Associates explains how insurance policies prevent policyholders from being paid more than the  by cover from other sources. Insurance law does not permit the insured to benefit from their loss.       

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Alternative adjudication decisions

Our latest Alternative Dispute Resolution series article from Sarah Alexander of Dentons UK and Middle East LLP examines what happens when a court refuses to enforce an adjudicator’s decision on jurisdictional grounds. 

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New and proposed legislation: State of play table 277

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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Government interventionist role increases

The UK government will help more than 300 energy-intensive companies to cope with the soaring cost of power, which will come as welcome news to a wide range of industries that serve construction.

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Legal terms explained: ‘Warehousing’

Although not a technical term, ‘warehousing’ refers to the conduct of a claimant who commences proceedings but unilaterally decides to put the claim on hold for a substantial period of time. Warehousing can be an abuse of process and grounds for a claim to be struck out, even where no prejudice is caused to the defendant.

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How international collaboration can reduce the costs of construction disputes

English law has benefitted from being ‘open for business’ faster than other jurisdictions post the Covid crisis, partly due to familiarity with technology, says Guest Editor Bill Barton, Director of Barton Legal, who recommends that international companies should collaborate with English lawyers for more cost effective contracts.

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Reports from the courts

Our regular round up of court decisions of most interest to construction from Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP looks at a case showing why Parties should take care when seeking to place reliance on previous adjudication decisions; and another judgment which should be taken as a reminder to parties to take care when entering into ‘back-to-back’ contracts, as these will likely impose higher standards of care.

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