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Reports from the courts – May 2021

Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP review the latest court cases of most interest to construction, including one highlighting that where appropriate, the courts will enforce adjudication decisions notwithstanding an exclusive jurisdiction clause; and a Scottish court decision which while not binding in England provides a reminder that the courts will give effect to the widely-used NEC3 dispute resolution provisions.

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Insurance claims disputes likely to rise

Bruce Hepburn, Chief Executive Officer of insurance specialists Mactavish, explains recent turmoil in the increasingly complex insurance market. Getting proper advice when insurers themselves are sometimes not quite sure what their policies cover is essential, he warns.

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Construction Law Guide to: NEC4 (Part 2)

This second article on the NEC4 Engineering and Construction Contract (“ECC”), by Joanne Bennett of DLA Piper, focusses on key aspects of core clauses 6 to 9, together with the dispute resolution options, secondary option clauses and Contract Data.

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The adverse effect of normalisation of deviance in construction organisations

Dr Sara Hajikazemi, senior lecturer in project management at London South Bank Business School discusses how early warning systems can contribute to preventing normalisation of deviance in construction organisations, which can gradually bring them to a point where failure is inevitable.

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Arbitration, but not as we know it!

Vijay Bange of Duane Morris looks at a recent court ruling on arbitration that shows that in order to make a binding agreement to submit to arbitration under the Arbitration Act, there must be a process that ends up with a binding decision. If not, the Arbitration Act will not apply.

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Building Back Better – a digital response

Smart Risk Registers can support high quality project delivery in line with the government’s Build Back Better plan, argue project team consultant Kelachi Amadi-Echendu, management consultant Graham Robinson, supply chain barrister Professor Rudi Klein, construction risk management consultant Stephen Woodward and South African-based organisational behaviour specialist Anton Krause.

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Construction disputes – can technology make record keeping better?

Amy Roberts and Jane Fender-Allison of CMS Cameron McKenna Nabarro Olswang LLP explain how adopting the latest technology can help avoid and resolve disputes. Recent court cases illustrate the point.

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Insurers feel the heat

Insurance expert John D Wright of JD Risk Associates explains the measures insurance companies are taking in policies to control their exposure to fire damage claims arising on ‘hot work’ projects. The use of conditions precedent to liability is growing since the Insurance Act 2015.

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Is the industry using adjudication as Parliament intended?

In our latest alternative dispute resolution series article Sarah Alexander of Dentons UK and Middle East questions whether adjudication is being used as Parliament intended.

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New and proposed legislation: State of play table 259

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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