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Construction leaders call for crisis collaboration once again

This time two years ago, the construction sector found itself in the midst of heavy uncertainty following the outbreak of Covid-19. Industry has rightly been praised for the way it pulled together during the months of lockdown that followed, and collaborative efforts proved critical in keeping projects moving.

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Legal terms explained: Reasonable care and skill

The term ‘reasonable care and skill’ typically arises when considering the standard of care owed by one party to another, in connection with the alleged breach of an existing duty. Whether a party has acted with reasonable care and skill is a matter to be assessed objectively.

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Challenging times for construction professionals and design and build contractors

Guest Editor Tom Pemberton of Lawrence Stephens Solicitors warns construction professionals and design and build contractors to take care both when negotiating their contracts and in managing their work to minimise the risk of claims for alleged breach of duty of care. The risks are increasing, he cautions.

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Reports from the courts; April 2022

Our regular review 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 shows the Claimant-friendly approach being taken by the courts in relation to amendments to pleadings and limitation, especially in relation to cladding / fire safety claims; and one that acts as a further reminder of the risks of entering into oral contracts.

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Managing weather risk

Weather is a key and increasingly significant element of risk for construction projects. Diarmuid Bairéad of Turner & Townsend argues that it is time for climate risk to be brought out of the cold and made an integral part of the contracting playbook

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Scotland and England differing on building safety reform

Caroline Maciver and Lynda Ross of Burness Paull LLP explain the differing approaches to reform of building safety being taken by the Scottish and UK governments. The ‘broken system’ in England contracts with the less radical reshaping of the system taking place in Scotland.

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Collaborative contracting key to construction frameworks

Anne-Marie Friel and Samantha Conkling of Pinsent Masons LLP support Professor David Mosey’s report on Frameworks and its recommendations. They warn that there are poorly drafted frameworks that do little to promote the collaboration that the Gold Standard urges.

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Experts on Trial

Chris Bryden and Georgia Whiting, barristers at 4 King’s Bench Walk, examine case law surrounding the role of expert witnesses, which suggests a worrying trend towards a loosening of the established principles of how experts should behave, and are instructed.

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Change the Precedent, Change the World

Jane Hughes, Managing Associate, and Laura Lintott, Senior Associate at Trowers & Hamlins LLP write about why green thinking means future thinking.

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Long Tail Liability

Our insurance expert John D Wright of JD Risk Associates looks at the problems associated with the ‘long tail’ feature of liability insurance policies. Converting policies to to a claims made basis would avoid the long tail liability problem but there are problems associated with such a change.

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