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Value seen in reality checks

Our contracts monitor Michael Phipps, Principal of Thurston Consultants, continues his scrutiny of the JCT Tendering Practice Note, warning that care needs to be taken with qualified tenders. Periods for acceptance should always be stated, he recommends.

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Reports from the courts: June 2018

Our regular round up of the court decisions of most interest to construction comes from Andrew Croft and Ben Spannuth of Beale & Company Solicitors LLP, including the first case in which the courts have considered the interplay between project insurance and sub-contractors; and one that carries clear warnings for project monitors and lenders.

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New and proposed legislation: State of play table 230

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 Construction (Retention Deposit Schemes) Bill

The Construction (Retention Deposit Schemes) Bill (the Bill) was initially proposed by Peter Aldous MP in January 2018 as a Private Members’ Bill under the 10 Minute Rule Motion. The Bill seeks to protect retention deposits under construction contracts, much in the same way that residential tenancy deposit schemes operate.

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Legal terms explained: Disputes boards

Disputes boards are panels empowered to resolve disputes. They typically do so on an interim basis, with the dissatisfied party having the option to refer the dispute to arbitration or litigation for final determination.

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Decision threatens protection of privilege

Many construction parties involved in disputes instruct expert witnesses via lawyers, partly to attract the protection of privilege to confidential documents. Guest editor Vijay Bange of Trowers & Hamlins argues that a recent decision in a non-construction case might undermine that protection.

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Construction Law Guide to: Professional appointments

Our construction law guides series from DLA Piper continues with an article from Sarah Nunnery-Jones on professional appointments.

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Courts giving mixed messages on ‘smash and grab’

Have ‘smash and grab’ adjudications been replaced by ‘true’ value adjudications? Elissa Patel and Michael Mendelblat of Herbert Smith Freehills LLP review the situation following a new TCC decision.

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Smash and grab here to stay?

Vijay Bange and Oliver Williams of Trowers & Hamlins review the conclusions of their earlier article on smash and grab adjudications in the second of two articles on a key TCC decision in this issue of CL.

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Risk management boosts investor confidence

Anton Krause of ResoLex (South Africa) is bringing the RADAR dispute early warning system to the African markets. He explains how these techniques are increasing investor confidence in infrastructure.

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