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Legal terms explained: Collateral Warranty

What is a collateral warranty? In the context of construction law, a collateral warranty is a contract that is subsidiary to a main contract, such as a construction contract.

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Virtual hearings: inflammatory markers in favour of in-person hearings

Guest Editor Hamish Lal of Akin Gump Strauss Hauer & Feld takes issue with the growing view that ‘virtual hearings’ are always an adequate alternative to an in-person hearing. Sometimes an in-person hearing should take precedence, he argues.

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Reports from the courts: December 2012

Our regular round up of the court decisions of most interest to construction comes from Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP, including a case that will be of growing interest as insolvencies rise; and another that is a stark reminder to construction companies of the importance of conducting thorough due diligence on their suppliers and their tax arrangements.

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Forensic approach lays bare Carillion scandal

Leading dispute resolution specialist Amanda Bucklow examines a book on the Carillion collapse, timely published as the Financial Conduct Authority accuses former directors of the company of acting recklessly and in a misleading way.

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The contractual approach to BIM and Common Data Environments

The use of Building Information Modelling is becoming standard on projects and Common Data Environments (CDEs) are increasingly being used to promote more efficient information sharing. Kathryn Willis and Andrew Croft of Beale & Company Solicitors LLP urge caution in hosting CDEs.

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The prevention principle

Lucinda Hill and James Doe of Herbert Smith Freehills LLP consider what the ‘prevention principle’ is and how it has developed, exploring how, and to what extent the principle applies to both construction and shipbuilding contracts.

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Poor Performance in Energy from Waste Plants

Cecily Davis of Fieldfisher looks at how contracts address the issues of time and quality following some high profile disputes in the energy from waste and data centre sectors.

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Challenging times ahead for construction

Jonathan Douglas, Nick Pinder and Mariya Rankin of Eversheds Sutherland take a look ahead to the legal, political and economic factors likely to shape construction in 2021. Times will be challenging, they caution, but there will be areas of growth.

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High Court test case – not conclusive

Insurance expert John D Wright of JD Risk Associates analyses recent High Court decisions that clarify some legal issues of interest to those hoping for cover from the impact of Covid-19 on their ability to fulfil contracts. Some policyholders can take some comfort from the decisions, he says.

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Increasing diversity in dispute resolution

In our latest alternative dispute resolution series article Tracey Summerell of Dentons UK and Middle East LLP argues that increasing gender diversity could benefit all dispute resolution processes.

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