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Overcoming the design and construction divide

In the May issue of Construction Law barrister Rudi Klein and risk management consultant Stephen Woodward presented the leadership challenge facing the UK construction industry. Here they consider one aspect of that challenge: overcoming the divide between design and construction which remains a major barrier to effective collaboration.

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To appeal or not to appeal, that is the question!

Laura Lintott and Sergio de Aguiar of Watson Farley & Williams LLP ask whether incorporating the ICC Rules into an arbitration agreement leads to waiving the right to appeal for the purposes of section 69 of the Arbitration Act 1996.

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Ever widening cyber threat

Insurance expert John D Wright, Principal of JD Risk Associates, examines the insurance market response to the increasing prevalence of cyber crime, which construction companies of all sizes are exposed to. Companies can also inadvertently commit cyber crime themselves, he warns.

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International arbitration in the modern era

In our latest alternative dispute resolution series article Kirsti Olson of Dentons UK and Middle East reports on a modern approach to arbitration seen in new arbitration rules from Scotland.

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Push for collaboration on sustainable building policy

Industry is continuing to look to the future and push for policy to help secure sustainability in the built environment, despite the preoccupation of rising inflation which is leaving many firms in the sector struggling to stay afloat.

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New and proposed legislation: State of play table 274

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: Building Safety Act 2022

The Building Safety Act 2022 (Act) received Royal Assent on 28 April 2022, following its introduction to Parliament as a Bill in July 2021.

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The green future of construction

Guest Editor Iain Wishart, a highly experienced Quantity Surveyor and Quantum Expert, argues that the growing focus on environmental issues means contract administration on all construction projects is going to become more difficult, time consuming, and expensive. Failure to manage the processes will result in delays and perhaps more disputes, he warns.

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Reports from the courts: October 2022

Our regular round-up of the court decisions of most interest to construction comes from Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP who examine a case that demonstrates the courts’ reluctance to find that liquidated damages provisions are unenforceable for reasons of uncertainty where an alternative interpretation can be found; and a Court of Appeal ruling that provides clarification to beneficiaries of collateral warranties.

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Ireland’s Construction Contracts Act and its application to projects abroad

Roberta Downey and Ciaran Williams of Vinson & Elkins analyse the Irish Construction Contracts Act, which introduced statutory adjudication to the Republic in 2016. The Act does not expressly limit its application to projects that are executed in Ireland.

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