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Adjudication and set-off

In our latest alternative dispute resolution series article Emily Morris of Clyde & Co LLP examines a recent decision that highlights the approach the courts will take to set-off in adjudications.

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New and proposed legislation: State of play table 234

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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CIC publishes second Essential Principles Guide for clients, developers and contractors

The Construction Industry Council’s (CIC) first Essential Principles Guide set out six key principles to help all built environment professionals create and deliver an accessible and inclusive built environment. It was produced following the success of the Olympic Park, which set a benchmark for quality of inclusion.

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Legal terms explained: The prevention principle (revisited)

Most construction contracts require the contractor to complete the works by a specific completion date (or within a specific period of time), failing which the contractor becomes liable to the employer for liquidated damages.

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Penalties freed from straightjacket

In Cavendish Square Holding BV v Makdessi the Supreme Court rewrote the penalty rule. Three years on, guest editor Richard Ashmore of Herbert Smith Freehills LLP revisits how Cavendish established the current approach to penalties.

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Reports from the courts

Our regular round up of the court decisions of most interest to construction from Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP focuses on an appeal court decision that enforces clear exclusions of liability in commercial contracts; and an appeal in the Scottish courts that will provide comfort to consultants worried about clauses stating that they are fully responsible for design.

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Practice Note worth paying attention to

Contracts monitor Michael Phipps, Principal of Thurston Consultants, ends his scrutiny of the JCT Tendering Practice Note 2017 with a look at the section designed to request information about tenderers. High profile insolvencies suggest this information, if sought, is not properly provided or considered, he warns.

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‘Case of the century’ sets new rules on penalties

Cecily Davis of Fieldfisher examines what was billed as the case of the century, which painted a tawdry picture of the UK development sector. Case law has now established that the rule on penalties still exists but its application is more limited and proportionate consequences are required.

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Drones are here to stay and to help

Drones have the potential to deliver massive cost savings to construction, but their use has not been without controversy. Shona McCusker of CMS looks at the legal implications surrounding their use and warns of tightening regulation.

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Streamlining private sector development lending

Securing finance for developments can be a complex and lengthy process but Anne Wright of Lawrence Stephens Solicitors suggests six steps that can be taken to speed things up. Overcautious lenders often misunderstand project risk, she warns.

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