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Meaning of a ‘contract’ defined for adjudication

Barry Hembling of Watson, Farley & Williams LLP reports on an important Court of Appeal decision issued in June 2022, which considered for the first time the statutory meaning of a “construction contract” for adjudication purposes.

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Defects and the courts’ approach to ‘Waking Watch’ schemes

Laura Lintott, Of Counsel at Watson Farley & Williams LLP examines case law on the consequences of defects in projects. The cost of ‘waking watch’ schemes may not be covered under new home warranty insurance in future, she warns.

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Building Defects Insurance

Insurance expert John D Wright of JD Risk Associates examines building defects insurance which although not compulsory in the UK, offers peace of mind to policyholders. Recent case law confirms that the courts will take a firm line where defendants seek to avoid liability under guarantee policies intended to provide peace of mind to policyholders.

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Refusing to mediate – implications for costs in court actions

Sarah Alexander, Counsel at Dentons Middle East and Europe LLP, looks at recent cases shedding light on factors the courts might consider when determining costs where mediation was not attempted.

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Model insurance clause targets softer PII market

Procuring professional indemnity insurance has become one of the most pressing challenges for construction businesses in recent times, following a hardening of the market in the aftermath of the Grenfell Tower fire.

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New and proposed legislation: State of play table 273

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: Enforcing an adjudicator’s decision

The Technology and Construction Court (“TCC”) is the usual forum for enforcing an adjudicator’s decision. The TCC has stated that the usual enforcement mechanism involves issuing proceedings for the amount due and subsequently making an application for summary judgment.

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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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