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Mainstreaming ADR: feedback and ideas

In our latest Alternative Dispute Resolution series article Tracey Summerell and Akin Akinbode of Dentons describe their team’s response to the Ministry of Justice call for evidence on dispute resolution.

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New and proposed legislation: State of play table 265

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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Environment Act signals push on greener developments

Legislation which promises to ensure infrastructure developments are delivered in a more environmentally friendly manner and which introduces a series of legally binding green principles that Ministers must follow when making policy has finally passed into law.

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Legal terms explained: Contractual Time Bars

What is a time bar provision? Construction contracts commonly provide a mechanism by which the contractor is to be awarded additional payment and/or an extension of time to a contractual completion date upon the occurrence of certain delay or disruption events specified in the contract.

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A nail in the coffin for liquidated damages challenges

Guest Editors Peter O’Brien and Thomas Wheeler of Clyde & Co say recent court decisions show reluctance to look behind what parties have agreed to find a liquidated damages clause unenforceable. Applying the same principles in some scenarios could lead to double recovery of losses by Employers, they warn.

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Reports from the courts: November 2021

Our latest round up of court cases of most interest to construction comes from Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP. One judgment reinforces the view that the courts will support ‘the natural and ordinary meaning of the words used’ in commercial agreements; and in a Scottish case the judgment warns against ‘contrived or technical defences’ which the courts will ‘examine with a degree of scepticism’.

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Strategic focus could prevent race to the bottom on costs, say MPs

With publication of the government’s Comprehensive Spending Review, construction is pinning a lot of hopes for future workloads on government promises about ‘levelling up’ left behind parts of the UK, which is to be at least partly addressed by significant infrastructure investment. Details are only starting to come through but doubts have been raised by MPs that the government even knows what levelling up means, Nick Barrett reports.

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Construction Law Guide to: Defects provisions in construction contracts

In our latest guides to construction law series article Tom Manley of DLA Piper looks at defects provisions in contracts.

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Choice of English law for international construction contracts

Mark Macaulay and Gurbinder Grewal of Dentons Middle East and UK LLP consider why English law is a popular choice for construction contracts internationally. Cultural reasons contribute to the high reputation of UK law for doing business under.

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Supreme Court Triple Point ruling prompts NEC4 amendments

Tom Howell of Beale & Company LLP examines the potential impact on NEC contracts of a Supreme Court ruling that reversed an Appeal Court decision. Case law now supports the ‘orthodox’ approach to the application of liquidated damages prior to contract termination.

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