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Price, scope of works and risk

Suriya Edwards of Foot Anstey LLP warns that a recent court decision means risk allocation clauses relating to works that are not ‘in scope’ can be rendered useless. The link between consideration and risk needs to be underpinned by a clear ‘scope of works’.

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Mitigating insolvency effects in the supply chain

Gurbinder Grewal and Michael Wright of Dentons UK and Middle East LLP explain the knock on effects of insolvencies and the mitigating steps that can be taken. Early warning signs of looming insolvency can be spotted.

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Liquidated damages after contract termination

Chris Philpot of HFW explains the implications of a court decision for liquidated damages claims following termination of a contract. The question of whether a party failing to issue a pay less notice can start a value adjudication without first paying the notified sum is also considered.

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Safe as houses: fire safety and the legislative regime – Pt II

In the second part of an article on the fire safety regime in England, barristers Chris Bryden and Georgia Whiting of Chambers of Timothy Raggatt QC move on to a critical examination of current legislation and proposals for reform.

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Insurance claims – forward planning essential

Insurance expert John D Wright of JD Risk Associates argues that forward planning is essential if proper protection is to be gained from insurance cover. Planning for a successful outcome to an insurance claim must start at the proposal stage.

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Model mediation agreements

The latest in our alternative dispute resolution series, from Gurbinder Grewal and Tracey Summerell of Dentons UK and Middle East LLP reviews the Construction Industry Council’s proposals for a model mediation agreement and procedure as consulted on towards the end of 2018.

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New and proposed legislation: State of play table 239

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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Government continues to consider policy issues on how to improve industry payment practices

On 5 December 2018, the Business, Energy and Industrial Strategy Committee (BEIS) published its Fifteenth Report of Session 2017–2019 on small businesses and productivity in which it explored cash flow challenges faced by SMEs.

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Legal terms explained – What is acceleration?

The term acceleration refers to action taken to speed up the progress of works so they will be completed earlier than planned or so that more work can be completed without extending the original completion date.

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Managing currency fluctuation risk

Currency movements can always have unwelcome impacts on construction projects, especially at times of uncertainty such as that induced by Brexit. Guest editor Chris Philpot of HFW warns that the trend towards larger single package contracts makes managing the risk ever more crucial.

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