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New Digital Dispute Resolution Rules

In our latest Alternative Dispute Resolution series article Tracey Summerell of Dentons UK and Middle East LLP says ‘new tech’ like smart contracting is developing rapidly and is set to disrupt the industry’s approach to both contracting and dispute resolution.

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New and proposed legislation: State of play table 262

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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Legal terms explained: Novation

A novation involves the transfer of the benefit and burden of a contract from one party (the ‘novator’) to a third party (the ‘novatee’).

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Cladding – papering over the cracks?

Barristers Chris Bryden and Georgia Whiting of 4 King’s Bench Walk use the Guest Editor slot to analyse some of the who-pays for remedial cladding post-Grenfell questions that are still unanswered. Two recent court decisions of relevance to professionals faced with the cladding conundrum are worth considering, they argue.

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Reports from the courts – July 2021

In the latest of our Reports from the Courts series article Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP examine a case reminding parties to ensure strict compliance with contractual notice provisions, and be wary of ‘final and binding’ clauses; and another judgment that is a clear reminder of the uncertainty that can arise when works commence prior to the execution of a formal contract and the risks of letters of intent.

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Digital technology in construction: an opportunity for change

Risk experts on insurance and construction respectively, Graham De Roy and Stephen Woodward consider how digital working offers opportunities to correct the loss of appetite by the insurance industry for insuring construction industry risk.

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Construction Law Guide to: Time in construction contracts

The latest of our guides to construction law series comes from Rachel Chaplin of DLA Piper who explains the role of time in construction contracts.

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New rules on witness statements

Judges had become unhappy with witness statements, particularly because of extensive referencing of documents, mixing facts with arguments and lack of use of witness’ own words , so have instituted reforms, as Theresa Mohammed, Laura Lintott and Megan Hulme of Trowers & Hamlins LLP explain.

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Good faith, mutual trust and cooperation – oh my!

Good faith type arguments have been coming to the fore in disputes over the past five years, as Katherine Doran of HFW LLP highlights as she reviews case law to find guidance on how the courts might interpret mutual trust and cooperation obligations in NEC contracts.

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Too late to join the DAB party?

Barrister Karen Gough of 39 Essex Chambers, also a Chartered Arbitrator and accredited Adjudicator, asks whether the JCT has found a winner with its hybrid DAB/Adjudicator dispute avoidance and statutory adjudication offering. There are risks in the JCT DAB structure that will need to be assessed when tested in the Courts, she warns.

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