Magazine

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Stormy waters for policyholders

Insurance expert John D Wright of JD Risk Associates examines clauses relating to storm and flood damage in policies. Insurers try to impose their own definitions of terms and the courts do not always support contractors seeking immunity under joint names clauses.

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The ramifications of amending dispute resolution clauses

In our latest Alternative Dispute Resolution series article Tracey Summerell of Dentons LLP urges caution when amending dispute resolution clauses.

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New and proposed legislation: State of play table 247

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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IR35 – changes ahead

On 6 April 2020, changes to the off-payroll working rules (IR35) will come into effect. IR35 was introduced in 2000 as a tax avoidance measure to ensure that those working like employees (e.g. workers who are engaged by clients via their own limited company acting as an intermediary) pay similar taxes to employees, if they are treated as an employee by their client.

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Legal terms explained: Aliiance contracting

Alliance contracting is a project procurement method whereby a client contracts directly with the supply chain (including key tier 2 contractors and consultants) to establish an integrated and collaborative team (the “Alliance”).

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Judges tightening up on witness evidence

Guest Editors Akin Akinbode and Tracey Summerell of Dentons LLP consider the recent Witness Evidence Working Group’s recommendations and why they are needed. A changed approach might be needed, they say.

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Reports from the courts – Jan/Feb 2020

In our round up of cases of most interest to construction Andrew Croft and Benjamin Spannuth of Beale & Co Solicitors LLP report on a decision that confirms the importance of expressly including an Act-compliant payment mechanism and an express right to suspend in the event of non-payment in every ‘hybrid’ contract; and another that warns replacement contractors not to be reckless in how they regard pre existing disputes.

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Collaborating to manage risk and delivery

Kelachi Amadi-Echendu of Resolex reports from November’s Alliance Steering Group conference in London where the focus was on how collaborative procurement can deliver value to complex projects. Delegates heard how the government is working with industry to transform the construction process.

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Construction Law Guide to: Performance security

The latest in our series of Guides to key construction law topics comes from Victoria Ball and Jaskiran Bansal of DLA Piper

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Review of the year 2019 – Judicial spotlight on some old favourites

Ryan Musikant, Earle Brady and Cecily Davis of Freshfields look back at what 2019 brought for construction law, with important developments relating to areas like concurrency, insurance policy wording, practical completion, procurement and liquidated damages.

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