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Leadership, regulation and a film about Notre Dame

Guest editor Amanda Bucklow, a widely respected Independent Commercial Mediator, makes a plea for considering the benefits of using mediation. Without mediation’s confidentiality and without-prejudice nature, many disputes would never reach settlement, she argues.

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Reports from the Courts: August/September 2022

In our latest update on the court decisions of most interest to construction Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP examine a case that underlines the importance of objectively clear and unambiguous Pay Less notices; and one that summarises the test that the court will consider when determining applications for freezing injunctions.

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Net Zero Strategy deemed unlawful

Government’s Net Zero Strategy has been ruled inadequate and unlawful by the High Court. News Editor Steve Dale explores the ruling and asks what implications there could be for the construction sector.

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Construction Law Guide to: CDM Regulations

In our latest construction guides series from DLA Piper, Rachel Chaplin explains how the Construction (Design and Management) Regulations 2015 work and the obligations placed on Dutyholders as defined by the Act.

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High Noon for new building safety sheriff?

Barrister Philip Bambagiotti of 3PB considers the recently assented Building Safety Act 2022. A more rigorous approach to building safety is signalled, but he doubts that the Act will do what is needed.

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Suspension of construction contracts

Thomas Bilton and Jane Hughes of Trowers & Hamlins LLP examine Employer’s contractual suspension rights under the most commonly used building contracts, namely the JCT Design and Build contract (2016 edition), the NEC4 engineering and construction contract and the FIDIC 2017 ‘Red Book’ contract.

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Playing the adjudication game

Karen Gough, a barrister in practice at 39 Essex Chambers London, examines a recent case that contributes to the growing body of decided cases supporting the integrity of the adjudication regime.

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Technology in construction disputes – managing data and proving claims

The advantages of using new data gathering technologies are many, but as Shona Frame, Jane Fender-Allison and Duncan Turner of CMS point out in this analysis of the opportunities, a range of new issues are created.

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Building Safety Act may reduce insurance costs – in the long term

Insurance expert John D Wright of JD Risk Associates examines the insurance implications of new post-Grenfell safety laws. Higher prices and more onerous terms can be expected, he warns.

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Gender parity in expert appointments: an issue for us all

Our latest Alternative Dispute Resolution series article comes from Tracey Summerell of Dentons UK and Middle East who describes initiatives to increase gender parity in appointments of expert witnesses.

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