Magazine – Page 88 – Construction Law

Insuring at your peril

1st March 2019

Insurance expert John D Wright of JD Risk Associates warns that the interpretation of ‘perils’ in insurance policies can be tricky, and standard joint names protection clauses in contracts cannot be relied on.

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ADR liaison forum proposed

1st March 2019

In our latest alternative dispute resolution series article Tracey Summerell of Dentons UK and Middle East LLP explains new measures proposed to spread awareness of the alternatives to litigation. More innovative approaches might help the proposals to succeed, she suggests.

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New and proposed legislation: State of play table 237

1st March 2019

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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Legislative proposals to implement Project Bank Accounts in public sector supply chains

1st March 2019

Debbie Abrahams, Labour MP for Oldham East and Saddleworth, has introduced a Private Member’s Bill into Parliament championing the use of project bank accounts (PBAs). The Public Sector Supply Chains (Project Bank Accounts) Bill 2017–2019 (the Bill) will require clients to pay money due under the project contract into a trust account. Such money is then available to make timely payments to the contractor and sub-contractors and is protected in the event of insolvency further up the supply chain.

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Legal terms explained: Crystallisation

12th March 20191st March 2019

The Housing Grants, Construction and Regeneration Act 1996 provides: ‘A party to a construction contract has the right to refer a dispute arising under the contract for adjudication …’ (s 108). A statutory right to adjudicate only arises where there is a ‘dispute’. Therefore, before referring a matter to adjudication, it is important to establish that there is, in fact, a dispute – ie the dispute has crystallised.

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Adjudication: How’s it working?

5th February 2019

Guest editor Naithan McBride of DLA Piper asks how adjudication and the Construction Act are working, ahead of the results of a government consultation being published. Recent cases may point legislators towards areas ripe for reform, he suggests.

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Reports from the courts: February 2019

5th February 2019

Our regular review of the most important court decisions for construction from Andrew Croft and Ben Spannuth of Beale and Company Solicitors LLP focuses on a Court of Appeal ruling that highlights the potential problems of working before finalising contract terms; and a case that provides a rare example of a claim for procuring or inducing breach of contract.

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Watch out for new definitions

5th February 2019

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, finds big changes in the definitions applying to JCT Design and Build Contract 2016. A long-standing provision, on which many a claim has foundered, is retained.

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Construction Law Guide to: Key ancillary agreements

5th February 2019

Hannah Thomas of DLA Piper continues our series of guides to construction law topics with an examination of ancillary agreements. Four key types of ancillary agreements are examined.

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Reasons to be cheerful despite 2018 setbacks

5th February 2019

In a year dominated by the potential unravelling of 40 years of EU legislation, 2018 brought much disappointment for construction, says Cecily Davis of Freshfields in this review of the key developments. For the future, it is time for the industry to deliver on the sustainability front, she argues.

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