Magazine

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Warranted trends in design standards

Harith Canna of Herbert Smith Freehills considers significant recent developments concerning design-related obligations, which lie at the core of any construction contract, and their impact on the procurement of construction projects.

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Developments in the law of negligence and third-party liability

Claims involving duty of care when damage is caused by a third party are at the fore of developments in the law of negligence, as Barry Hembling of Watson, Farley & Williams LLP reports in this analysis of recent court cases.

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Green Dispute Resolution Procedures – what are they and how to use them

In a previous article (Construction Law Vol 32 No 2) Jane Hughes of Stevens & Bolton LLP looked at incorporating green drafting into construction contracts. In this follow up she considers how disputes can be dealt with in a greener, more sustainable way.

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The Tort of Nuisance – Overlook it at your peril

Chris Bryden and Georgia Whiting of 4 King’s Bench Walk examine the tort of private nuisance, a complex area which they warn has the potential to affect construction professionals in far-reaching (and evolving) ways.

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Hard Times for Professional Indemnity

Insurance expert John D Wright of JD Risk Associates examines the current crisis in the professional indemnity market, which he predicted some two years ago. Policyholders can however take steps to help secure cover at an affordable cost.

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Arbitration exhibiting ‘due process paranoia

Our regular Alternative Dispute Resolution article comes from Tracey Summerell of Dentons UK and Middle East who asks whether it is time for arbitration to lighten up.

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New and proposed legislation: State of play table 260

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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Welcome clarification of the CDM regulations

The Construction (Design and Management) Regulations 2015 (CDM) provide a system for managing projects to ensure key people are in place and take responsibility for safety at the right time. However, given the variety of construction projects, many of them “non-standard”, the CDM can be difficult to navigate.

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Legal terms explained: Construction Act

Part II of the Housing Grants, Construction and Regeneration Act 1996 (as amended by Part 8 of the Local Democracy, Economic Development and Construction Act 2009) (the “Construction Act” or the “Act”) is the main legislation that governs construction projects in the UK.

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The future of international construction arbitration

Guest Editor Ben Mellors of HFW asks if it is time to explore whether users of international construction arbitration might benefit from specific rules or guidance to supplement the more general arbitration landscape? A brand new set of international construction arbitration rules would be one solution, but a new set of protocols might suffice, he suggests.

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