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Reports from the courts: August/September 2020

Our regular round up of the cases of most interest to construction comes from Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP, focusing on one that underlines the courts’ reluctance to support challenges to the jurisdiction of adjudicators; and another that reinforces the position that ‘the prevention principle is not an overriding rule of public or legal policy’ and that it is possible to contract out of its application.

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High praise for invaluable Construction Law reference book

Professor David Mosey, Director, King’s College London Centre of Construction Law and Dispute Resolution, reviews the latest edition of Julian Bailey’s book Construction Law which is praised for its comprehensive coverage, scholarship and good value.

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Construction Law Guide to: Alliance Contracting

Our latest CL Guide is from Rachel Chaplin of DLA Piper and explains what Alliance Contracting means and how it works. Changes in approach are needed to make it successful.

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Changes to the UK Insolvency Regime and the Impact on Supply Contracts

Vijay Bange and Candice Light of Duane Morris describe how the new insolvency legislation making it difficult or impossible for suppliers to terminate contracts where a company has entered into a defined insolvency procedure will work. Far reaching impacts can be expected.

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How are construction disputes evolving?

The findings of two major surveys reveal a changing pattern of disputes in construction, as Amy Roberts, Adrian Bell and Shona Frame of CMS Cameron McKenna Nabarro Olswang LLP explain. The impact of Covid-19 and Brexit are still to be felt, they warn.

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Form EWS1 – a better solution needs to be found

Will Buckby and Ian Masser of Beale & Co warn consultants that they should avoid taking on work under Form EWS1 - designed to provide assurance that a high rise building is fire safety compliant - which imposes unlimited liability on them. Professional indemnity insurance could be compromised by its use, they advise.

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Measures to help the progress of DCO projects

Infrastructure planning law specialist Angus Walker of BDB Pitmans says keeping planning and consenting of nationally significant projects going will help reduce the depth of the coming recession as well as speeding up the recovery. There are practical steps to be taken that will help.

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Costs – the hidden element

Insurance expert John D Wright of JD Risk Associates looks at the extent to which insurance policies offer cover for costs, such as legal costs, in addition to losses suffered as a result of an insured event occurring. Policies should be read with care, he warns.

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Make mediation compulsory?

In the latest of our alternative dispute resolution (ADR) series, Tracey Summerell of Dentons UK and Middle East LLP asks whether it is time for mediation to be made compulsory.

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Insolvency relief for struggling businesses

The Corporate Insolvency and Governance Act 2020 came into force on 26 June 2020 to help businesses manage the economic implications of Covid-19. It introduces changes to insolvency law in the UK (but with separate provisions for Northern Ireland).

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