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Legal terms explained: Liability Caps and Exclusion Clauses

Liability caps Construction contracts often include provisions limiting either the contractor’s overall under the contract or specific types of liability. They allow parties to define their liabilities and allocate risk in advance.

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The Glasgow Climate Pact – What can the construction industry contribute?

Guest Editors Shona Frame and Emma Schaafsma of CMS ask what contribution construction can make to combatting climate change following the signing of the Glasgow Climate Pact at COP26. Major changes will be needed, and contractual mechanisms to force contractors to seek greener suppliers can be expected.

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Reports from the courts; December 2021

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 examine a case showing the importance of giving notice effectively when disputing a final statement; and an appeal court ruling confirming that enforcement of an adjudication decision by an insolvent claimant is possible, albeit in limited circumstances.

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Construction Disputes – Seeking Sensible Solutions

Middle East based mediator and arbitrator Mark Fraser of Fraser & Co reviews ‘Construction Disputes - Seeking Sensible Solutions’ by Wayne Clark, which he says is recommended reading for anyone involved in construction and engineering.

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Construction Law Guide to: Procurement

Peter Lowe of DLA Piper continues our Construction Law Guides series with a summary of the advantages and disadvantages of the main procurement routes used in the UK.

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A game of chess – insolvency vs. adjudication

Theresa Mohammed and Laura Lintott of Trowers & Hamlins LLP analyse the possible clash between the insolvency and statutory adjudication regimes where a party to a dispute faces insolvency. Case law provides clarity on the right to adjudicate, but practical problems might remain.

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The Engineer, aka FIDIC Kingpin

In the second article of our series on FIDIC contracts David Brown and Barnaby Sandy of Clyde & Co examine the role of the Engineer. The Engineer’s role is changing but it can still have a ‘piggy in the middle’ feel about it.

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Super-inflation and the construction and energy sector in the UK

Rising costs and decreasing availability of materials have hit the construction sector hard in recent months, along with a range of other problems related to Brexit. Vijay Bange and Tanya Chadha of Duane Morris urge keeping cool heads in this review of fluctuation provisions in major contract forms.

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The elastic band of contractual flexibility and Covid-19

Alexander Slade of Vinson & Elkins asks whether the flexibility and collaboration that has been displayed by parties to contracts during the Covid-19 pandemic heralds a new dawn for industry relationships; or will things snap back under the pressure, leading to an increase in disputes?

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Statutes of Limitation – Still Adapting

Our insurance expert John D Wright of JD Risk Associates examines the impact of statutes of limitation on construction insurance. Post Grenfell, a Building Safety Bill will extend the long stop time limit from six years to fifteen years in respect of defects in buildings which render them unfit for habitation under the Defective Premises Act 1972 and introduce retrospective liability.

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