Magazine

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Paying for Past Mistakes: the Developer Remediation Contract

Guest Editor Rachel Chaplin welcomes the positive steps being taken in the wake of the Grenfell Tower tragedy to improve fire protection and safety of buildings. But shouldn’t government be shouldering some of the blame and cost because of its own regulatory failures, she asks?

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Reports from the courts: April 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 examine the decision in an appeal that emphasises the need for parties to either raise issues in respect of the validity of payment applications/payment notices or to reserve their positions without delay; and another that shows the current judicial uncertainty regarding the extended limitation periods under the Building Safety Act 2022.

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Developments expected during 2023

Alan Stone, Tom Green and Zack Gould Wilson examine some significant developments in the construction industry last year, and take a look ahead at some key developments expected in 2023.

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Construction Law Guide to: Insolvency

In the latest article in our Construction Guides series Rachel Chaplin and Cai Cherry of DLA Piper explain UK insolvency processes.

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Defective Premises Act 1972: A new dawn for historic claims.

The Building Safety Act has extended limitation periods for claims under the Defective Premises Act. Stephanie Geesink and Dom Turner-Harriss of Watson Farley & Williams LLP examine the attitude of the courts to parties attempting to tack onto ongoing proceedings new claims that were previously time barred.

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The Tort of Nuisance – the categories are not closed

Chris Bryden of 4 King’s Bench Walk and Georgia Whiting, Legal Counsel at the Ardmore Group, consider a Supreme Court decision that provides a general restatement of the fundamental principles of the law of nuisance, in a follow up to their previous article on the Court of Appeal decision in the same case.

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Contract management – best practices to limit the risk of disputes

Guillaume A Hess of King & Spalding argues that best practice in contract management is essential for successful administration of projects, but also to minimise the risk of disputes arising. In the first of a two part series, he warns that there is no one size fits all approach.

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Contract terms criticised by tree felling inquiry

Amey found itself embroiled in a long running dispute over a tree felling programme that an inquiry says it partly caused through the terms of a contract that it signed. The experience suggests that risk management needs to consider the impact of works on local feelings.

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The Construction Leadership Council: a busted flush or a potent force for change?

Set against its own targets the Construction Leadership Council’s performance has been inadequate and it fails to address the issue that fundamental and radical changes in construction procurement and payment are needed, argues Professor Rudi Klein of Klein Legal who suggests looking to Singapore for pointers to the way forward.

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Insuring the Design Risk – a minefield for all parties

Insurance expert John D Wright of JD Risk Associates examines how claims relating to design issues are resolved. Design risk is a minefield for all concerned, but particularly the insurers, he explains.

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