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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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NDR: a step on the way to integrated dispute resolution

In our latest Alternative Dispute Resolution series article Tracey Summerell of Dentons UK and Middle East LLP examines the reasons for now calling ADR Negotiated Dispute Resolution.

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Construction Law Guide to: Professional Appointments

In our latest Construction Law Guides series article from DLA Piper, Lina O’Gorman looks at professional appointments. Risk allocation varies between standard forms and between them and typical bespoke appointments.

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New and proposed legislation: State of play table 268

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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