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Construction Law Guide to: Defects provisions in construction contracts

The latest in our Construction Guides series comes from Rachel Chaplin of DLA Piper LLP who explains the contractual provisions in the industry’s standard form contracts for dealing with defects.

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Revenue is vanity, profit is sanity, but cash is king.  

The current government consultation on reforming retentions and tackling poor payment practices, that closes in October,  is examined by Jane Hughes and Amina Al Wazzan of Trowers & Hamlins LLP.  

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Two Court of Appeal judgments offer clarity on the Building Safety Act 

Richard Flenley and  Michael O’Connor of Charles Russell Speechlys explore how two recent Court of Appeal judgments shed much-needed light on the evolving interpretation of the Building Safety Act. Developers could face extended liability as a result of the judgments, they warn.

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The Building Safety (Wales) Bill: a new blueprint for risk, responsibility and reform  

Dev Desai, Rupi Chandla and Joshua Bancroft of Watson Farley & Williams LLP explain the key changes being introduced to building safety in Wales. Expect legal friction when planning, building control and housing law interact, they warn.

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True Value Adjudications – pushing the boundaries 

Karen Gough of 39 Essex Chambers examines true value claims and possible defences. The goal posts may be moving in favour of adjudicator’s ability to award payments to responding parties, she argues.

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Claims and the Notification Trigger 

Insurance expert John D Wright of JD Risk Associates warns about problems that can arise when notifying insurance companies about claims and potential claims. Basic risk management procedures can prevent many of the issues arising, he suggests.

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Mediation and compulsory mediation in the English courts

In the latest article in our Alternative Dispute Resolution series Linzi Hedalen and Alysha McMillan of Dentons UK and Middle East LLP examine why mandatory mediation is becoming a preferred tool for dispute resolution.

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Legal terms explained: Third party rights

A fundamental principle of common law is the doctrine of privity of contract, which states that only parties to a contract may enforce its terms. Enforcement may take various forms, such as an action for an agreed sum, damages for breach of contract, specific performance of contractual obligations or an injunction to restrain a breach.

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Battle of the forms still rages

Guest Editors Ben Jolley and Gayatri Gogoi of Herbert Smith Freehills Kramer LLP take a close look at a TCC decision that at first glance seems to displace the ‘last shot’ principle in contract formation. On examination, they argue, parties still have to be aware that contracts can be formed before formal documents are signed.

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Legislation state of play table 302

This table, prepared by Alignment Media, 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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