Magazine

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“Merchants of peace” in our global supply chains

Our latest Alternative Dispute Resolution series article comes from Tracey Summerell of Dentons UK and Middle East who salutes the International Chamber of Commerce’s 100 year contribution to dispute prevention.

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New and proposed legislation: State of play table 278

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: Relational contracts

What is a relational contract? Whilst there is no universally accepted definition of a ‘relational contract’, the decision in Bates v Post Office Limited (No 3: Common Issues) [2019] EWHC 606 (QB) sets out the following non-exhaustive list of ‘special characteristics’ that would be relevant to determining whether a contract is a relational one:

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Dangers of dabbling in Construction Law

Guest Editor Tim Seal, Head of Construction Law at Ridgemont, says highly specialised construction lawyers have an almost uniquely direct connection with the industry they serve, and warns against using non experts for legal advice in what is a very complex area.

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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 decision that confirms that the right to commence adjudication proceedings ‘at any time’ does not conflict with the limitation defence under the Limitation Act 1980; and another that shows the bar is set high for parties intending to challenge an arbitrator’s award if they have to show that it is ‘obviously wrong’.

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NEC X29 and the development of climate change clauses  

Alice Herbert of HSF looks at the NEC’s secondary option X29 clause, the first UK standard form construction contract clause to address climate change, which she welcomes as a stimulus to good climate change practice.

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Construction Law Guide to: Concurrent Delay

Our latest Construction Guides series article comes from Melissa Moriarty of DLA Piper who examines concurrent delay, which differs between Scotland and England.

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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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