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Adjudication: Just one [dispute] at a time please!

Karen Gough of 39 Essex Chambers analyses a seldom reported fact about adjudication, that despite it being established that an adjudicator can only deal with a single dispute in an adjudication, satellite disputes and jurisdictional challenges continually arise around the issue.

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Constructing an Agreement – Mediation in the Construction Industry.

Chris Bryden and Georgia Whiting of 4 King’s Bench Walk lament the industry’s reluctance to adopt mediation more enthusiastically than it has. There is much to gain, and little to lose, by using mediation to resolve disputes, they argue.

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The Ins and Outs of Subrogation

Insurance expert John D Wright of JD Risk Associates analyses the common law principle of subrogation which is intended to ensure that parties responsible for losses are held accountable. The idea is simple, but complex issues can arise, he warns.

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Courtesy paves the way for compromise – and wellbeing

Tracey Summerell of Dentons UK & Middle East LLP argues that alternative dispute resolution is more likely to produce a process that promotes positive mental health as well as satisfactory business outcomes.

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New and proposed legislation: State of play table 264

This table, prepared by Dentons UK and Middle East LLP, 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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The critical role of infrastructure in reaching UK net zero targets

Glasgow is hosting the 26th UN Framework Convention on Climate Change Conference of the Parties (COP26). As president, the UK has high aspirations for further international agreement. At the very least, COP26 will highlight the sheer scale of the UK’s commitment to reach net zero emissions by 2050.

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Legal terms explained: Negligence

Negligence arises where a party breaches a duty to exercise reasonable care and skill, thereby causing damage.

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Supply chains distressed but profit warnings stay low

Company profit warnings in construction are remaining at an exceptionally low level as the sector looks to recover from Covid-19. But signs of distress are being seen among subcontractors while main contractors are delaying or turning down projects against the background of supply chain disruption.

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Grasping the nettle

Guest Editor Karen Gough of 39 Essex Chambers sees a victory for ‘the little man’ in a case in which she represented the successful claimant in enforcement proceedings.

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Reports from the courts: October 2021

Our regular analysis of the court cases of most interest to construction comes from Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP who look at one case that involved a post-Grenfell claim for fire safety defects in a building; and another that clarifies the extent to which liquidated damages are recoverable upon termination of a contract before completion of the works.

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