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Review of the year in Scotland – Major impacts might be yet to come

Shona Frame, Anita Crozier and Melissa Laurie of CMS report on how the year panned out for construction law in Scotland. The impact of some of these developments will be felt during 2020 and beyond, they say.

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Grenfell Phase 1 a portent of things to come

Barristers Philip Bambagiotti and Nicholas Kaplan of 3 Paper Buildings (3PB) warn that construction will come under a harsher spotlight than it already has when Phase 2 of the Grenfell Tower inquiry gets underway. Public pressure might lead to changes in the law regarding tortious claims for pure economic losses.

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Force Majeure and causation – new guidance from the English courts

Emma Schaafsma and Emily Blanshard of Herbert Smith Freehills LLP analyse recent case law with implications for force majeure and consider its possible impact on construction contracts. Careful drafting will be needed to avoid ambiguity in force majeure clauses.

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PI notification issues persist

Insurance expert John D Wright of JD Risk Associates reviews recent case law associated with Professional Indemnity cover for construction professionals.

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Cooperation promotes mediation

In our latest ADR series article Roger Levitt follows up one on emotional intelligence in the previous issue of CL, sharing some of the processes he uses to encourage parties to prepare for mediation using EQ.

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Still looking for a 2020 resolution? Support the industry’s mental health campaigns

We highlight here a recurring theme of the last year or so – mental health in the workplace. Recent national campaigns run by Construction News and Building have helped to raise awareness of the issues and to break down the stigma that prevents many sufferers from seeking support.

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New and proposed legislation: State of play table 246

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 – Cost reimbursable contracts

A cost reimbursable contract is one in which the Contractor is reimbursed the actual costs incurred in carrying out works, plus a fee to cover their overheads and profit. It is also known as a cost plus contract.

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Engage emotional intelligence

In the first of two articles about preparing for mediation, Tracey Summerell of Dentons UK and Middle East LLP considers how settlement prospects can be improved by the early use of our emotional intelligence/quotient (EQ).

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Limited legal support hampers solar growth

Legal writer and former law lecturer Anastasia Barich-Chivikova analyses a recent court ruling that offers little encouragement to solar energy market companies seeking compensation for changes in government funded subsidy regimes. Is there a warning here for those relying on other subsidies?

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