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Protocols aim to reduce Golden Thread uncertainty

Forthcoming legislation will require enhanced attention to information management along the construction supply chain, a ‘Golden Thread’ of information. Andrew Croft of Beale & Company Solicitors, May Winfield of consulting engineer Buro Happold and Simon Lewis of Womble Bond Dickinson report on two new information protocols designed to reduce related legal uncertainty.

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New Cabinet Office review of frameworks

Andrew Croft and Kevin Henderson of Beale & Company Solicitors LLP cast their eye over the recently published Cabinet Office commissioned review of construction frameworks that advised how they could achieve a ‘Gold Standard’. Employers might use it to push harder for an unfair risk-share with the project delivery team, they caution.

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Public procurement must change to support climate change battle

Public sector suppliers are aware that they need to adapt to support the climate change effort, but the public sector itself has to change procurement practices if their efforts are to result in tendering success, warn David Hansom and Hannah Chapelhow of Clyde & Co.

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Employer’s non-negligence insurance

Our insurance expert John D Wright of JD Risk Associates highlights some issues with Employer’s non-negligence insurance, warning that as minor works can result in major damage to adjoining properties and care must be taken to select an appropriate indemnity limit.

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Arbitration Act’s 25th anniversary: an opportunity for wider reform

In our latest Alternative Dispute Resolution series article Tracey Summerell of Dentons UK and Middle East LLP argues that the current Arbitration Act review is an opportunity ask how the Act could promote fairness, equality, transparency and access to justice as well as legal and technical excellence.

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New and proposed legislation: State of play table 267

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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Building safety funding plan creates uncertainty

Making progress towards net zero carbon, upping the game on building safety and addressing future skills needs are among the Construction Leadership Council’s key stated priorities for the construction sector this year.

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Legal Terms Explained: Penalty Clauses

If a clause in a contract requires a payment in the event of a breach which would be extravagant, exorbitant or unconscionable when compared with the losses flowing from that breach, that clause is a penalty clause, and, as a matter of English common law, is unenforceable.

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Constructing the Gold Standard – how to fulfil the potential of frameworks

Professor David Mosey, Centre of Construction Law and Dispute Resolution, King’s College London, author of the recently published Gold Standard review of construction frameworks, explains how they could provide impetus to drive a range of benefits including a more profitable industry.

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Reports from the courts: Jan/Feb 2022

Our regular round up of court decisions of most interest to construction comes from Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP who look at a dispute over whether a client had verbally agreed to waive liquidated damages; and a rejection of a claim to strike out an action that confirms the high threshold the courts set for such claims.

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