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Reports from the courts: April 2020

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, who look at a dispute on a PFI project concerning delayed final payments; and one involving Crossrail subcontractors and sub-sub contractors highlighting the need for clarity in wording regarding title in goods.

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BIM, offsite manufacture and the future of the construction industry

Paolo Ettore Giana and Dr Roxana Vornicu, Research Associates at the King’s College London, Centre for Construction Law and Dispute Resolution, report from a London conference that heard modern methods of construction demand modern approaches to procurement and contracting.

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Construction Law Guide to: Limitation on liability

Claire Turnbull and Kristi Boyes of DLA Piper present the latest in our Guides series, on limitation on liability.

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Coronavirus and construction contracts

Melissa Laurie, Chris Dickson and Jane Fender-Allison of CMS explain the legal background to what happens in the event of Covid-19 causing disruption to the supply chain, scrutinising several key forms of force majeure provisions.

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Time bar provisions in standard form construction contracts

James Doe and Elissa Patel of Herbert Smith Freehills analyse the issue of time bar provisions in standard form contracts. Failure to familiarise themselves with the specific notification requirements of the contracts could be very costly for claiming parties, they warn.

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Truth is rarely pure, and never simple

In the second of two articles on the causes of what he has found to be the main causes of disputes quantity surveyor Iain Wishart focusses on the contribution of expert witnesses, a role he has himself played. An erosion of the independence of some experts has been noticeable, he says.

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Bonds coming under scrutiny

Cecily Davis of Fieldfisher says bonds will be scrutinised more closely than ever in the Covid-19 world and analyses the implications of a court case which is a useful reminder of the distinction between on demand and conditional bonds.

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Increased Scrutiny by Insurers

Our expert insurance guide John D Wright of JD Risk Associates warns that following recent catastrophes insurers are demanding more detailed information before offering cover. Many types of cladding are coming under intense scrutiny post-Grenfell.

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Resolving disputes with video

Coronavirus is spreading and widespread disruption seems inevitable, but embracing technology such as video conferencing (VC) might provide a solution for some involved in time sensitive alternative dispute resolution as Tracey Summerall of Dentons LLP explains.

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New and proposed legislation: State of play table 248

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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