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Tiered Alternative Dispute Resolution Agreements

Vijay K. Bange of Duane Morris examines a recent Hong Kong court decision affecting tiered Alternative Dispute Resolution (ADR) provisions that considers if it is within the jurisdiction of the courts to decide if the parties to a contract have complied with the ratchet dispute resolution procedure.

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Insurers still challenging Covid claims

Insurance expert John D Wright of JD Risk Associates warns that although Covid remains a threat to businesses the insurance industry does not regard pandemics as being covered by non damage denial of access clauses. A Supreme Court ruling leaves some existing individual claims unresolved.

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ADR’s place in the Digital Justice System

Our latest alternative dispute resolution series article, from Tracey Summerell of Dentons UK and Middle East, analyses the role that might be played by ADR as the justice system digitalises.

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Combining efforts to face down inflationary pressures

Construction – like most sectors of the economy – is struggling at the moment with the impacts of steep inflation. Industry reports released in recent weeks have highlighted how the escalating costs of materials and energy may lead to project delays and cancellations, while the threat of insolvencies looms large.

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New and proposed legislation: State of play table 271

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: Subrogation

Subrogation refers to the process by which an insurer may step into the place of the insured, thereby obtaining the benefit of the insured’s rights and remedies.

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The Sky’s the Limit – but how long will that be true?

Guest Editor James Davison of 3PB Barristers bemoans the disproportionality between the amounts in dispute in some low value cases and the legal costs, and asks if the Construction Act which is starting to feel like a solution to a problem from another time, needs reform.

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Reports from the courts: June 2022

Our regular round up of recent court decisions of most interest to construction comes from Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP who report on a rare example of the courts refusing enforcement of an adjudicator’s decision; and another that acts as a reminder to ensure that the basis of the pricing and the payment mechanism in a contract is expressed clearly and understood from the outset to avoid later disputes.

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Sustainability in Construction

Zoe Stollard and Alex Clark of Browne Jacobson report from a Roundtable event involving construction, manufacturing and energy clients that discussed, among other things, best practice in low carbon procurement. Firms must ensure the principles of sustainable construction are not superseded by cost and aesthetics, it was highlighted.

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Construction Law Guide to: FIDIC

The latest in our Construction Guides series comes from Rachel Chaplin of DLA Piper who examines key aspects of the FIDIC suite of contracts.

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