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An open and shut case: construction sites in England

Nick Viljoen of HFW explains why parties need to be aware of their contractual options with delays, disruption and additional costs expected as sites re-open using COVID-19 Standard Operating Procedures. Not all costs will be easy to recover, he warns.

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Technology keeps the court wheels turning

Barristers Chris Bryden and Georgia Whiting of 4 King’s Bench Walk examine the impact of changes made to court procedure in the COVID-19 age. Early thoughts that complex construction cases would be subject to lengthy adjournment have been laid to rest as judges prove happy to expand the use of technology.

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Supporting modern methods of construction in housebuilding

Katie Saunders of Trowers & Hamlins LLP analyses whether existing procurement practices and contract forms are up to the task of supporting adoption of modern methods of construction in housebuilding.

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Underinsurance threatens business survival

Insurance expert John D Wright of JD Risk Associates warns that underinsuring is a widespread and dangerous practice, as many companies are currently finding out when they try to claim for business interruption. Other key types of cover are also neglected, he warns.

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Mind your “Ps” & “Cs” to avoid disputes

In our latest alternative dispute resolution series article Tracey Summerell of Dentons UK and Middle East LLP suggests successful conflict avoidance will also require a change in mindset for some.

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New and proposed legislation: State of play table 250

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: Exclusive remedy clauses

Exclusive remedy clauses limit a party’s remedies to those which are expressly stated in the contract.

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Taxing times for construction

New tax rules for self employed contractors that place new burdens on end-users of their services have been put off until 2021, but construction faces major changes in its ability to source skills only as and when needed. Guest Editors Vijay Bange and Nic Hart of Duane Morris say a culling process may already be underway.

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Reports from the courts: May 2020

Our regular round up of the court decisions of most interest to construction from Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP looks at a dispute underlining that express dispute resolution clauses should be included in all contracts; and another that highlights the difference between a negligent act and a negligent failure to act.

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Construction Law Guide to: Force majeure, frustration and construction contracts

Ross Galbraith of DLA Piper provides the latest in our CL Guides series, with a topical look at how force majeure and frustration can impact on construction contracts.

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