Magazine

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Scotland in 2018

Shona Frame and Nicholas Carroll of CMS review 2018 with a focus on Scotland, where the impact of Carillion’s collapse kicked off a year of significant case law, government consultations and legislative developments. Earlier strengthening of Scottish building regulations meant few buildings were affected by a post Grenfell disaster focus on cladding.

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Plus ça change – why amending published construction contracts is good practice

A common industry view is that standard form contracts are best used unamended. Peter Kitson of Russell-Cooke takes issue with that idea and insists that amending contracts in fact represents well established good practice.

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Insuring today’s environment

Insurance expert John D Wright of JD Risk Associates inspects the cover available for environmental damage. Mainstream insurers provide very limited cover so a specialist insurance market must be tapped.

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Pressure to use airspace builds up

Anne Wright and Avi Barr of Lawrence Stephens Solicitors analyse some of the issues related to the growing trend towards airspace development for both private and public sector clients. Its impact on housing provision could be significant but there are potential legal and planning issues to overcome, they warn.

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Fate of smash and grab adjudications decided

The latest in our alternative dispute resolution series, from Chris Leadbetter and Emily Morris of Clyde & Co LLP, examines a recent Court of Appeal decision that spells the end for ‘smash and grab’ adjudications.

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New and proposed legislation: State of play table 236

This table, prepared by Clyde & Co, 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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The CMA is calling for more whistle-blowers to expose cartels

The Competition and Markets Authority (CMA) has launched a new cartel campaign to educate businesses about which practices are illegal and calls on whistleblowers to come forward to expose cartel activity, such as price fixing or contract rigging.

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Legal terms explained: The ‘notified sum’

Section 111 of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) requires the payer under a construction contract to pay the notified sum on or before the final date for payment, unless it serves a valid pay less notice.

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Limiting amendments is no easy task

Guest editor Sarah Thomas of DLA Piper examines FIDIC’s Golden Principles, which aim to define what the essential elements of a contract conforming to the philosophy of the organisation should be. Although well intentioned, the Principles demonstrate the practical difficulties of trying to limit amendments, she argues.

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Reports from the courts: December 2018

Our regular round up of the court cases of most interest to construction comes from Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP, focussing on a decision that will be welcomed by parties providing collateral warranties to third parties; and a rare example of a case involving NHBC cover.

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