No bid no bar to future tendering

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his review of the JCT Tendering Practice Note, moving on to the final stages, including notifying unsuccessful tenderers of the outcome.

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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 looks at a Scottish case that highlights the interaction between design obligations and workmanship obligations; and another that introduces a new ground for seeking to resist enforcement of an adjudicator’s decision.

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Construction Law Guide to: FIDIC

In our latest Construction Law Guide Rachel Chaplin and Alexander Studholme of DLA Piper provide an introduction to FIDIC contracts.

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Adjudication enforcement: plugging the gap or opening the floodgates?

David Skelton of Womble Bond Dickinson examines the ‘fast track’ procedure for adjudication enforcement decisions established by the Technology and Construction Court. Defendants to enforcement proceedings have been provided with a new defence by recent cases.

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Buildings regulatory framework not fit for purpose

Dame Judith Hackitt’s much-anticipated final report on building regulations and fire safety was published on 17 May 2018. Stephen Radcliffe of Walker Morris LLP considers the report and the implications for the construction industry.

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Joint names insurance – still a problem for sub-contractors

Insurance expert John D Wright of JD Risk Associates describes the problems for sub-contractors thrown up by joint names insurance policies. Case law has done nothing to remove uncertainties, he argues.

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Impact of Brexit on the construction workforce

Jessica Pattinson of Dentons warns that the construction industry is facing an unprecedented impact from Brexit as the supply of labour from the EU countries comes under threat. Employers will have to ensure compliance to immigration law.

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New and proposed legislation: State of play table 231

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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Time to scrap retentions?

Some 40% of construction clients already operate quite happily without requiring retentions and the list is growing. Peter Kitson, partner at Russell-Cooke reviews current practices and examines some alternatives – but why not scrap them, he asks?

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Ongoing duty of disclosure for arbitrators and adjudicators

In our latest alternative dispute resolution series article Chris Leadbetter of Clyde & Co reports on an appeal court ruling that underlines the disclosure duties of arbitrators and adjudicators.

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